CEB Minutes 06/23/2022June 23, 2022
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TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, June 23, 2022
LET IT BE REMEMBERED, that the Collier County Code
Enforcement Board, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Robert Kaufman
John Fuentes
Danny Blanco
Lee Rubenstein
Tarik N. Ayasun, Alternate
Zully Ruiz, Alternate
Sue Curley (Excused)
Chloe Bowman (Absent)
Kathleen Elrod (Absent)
ALSO PRESENT:
Elena Gonzalez, Code Enforcement
Helen Buchillon, Code Enforcement
Jeff Letourneau, Manager of Investigations
Patrick White, Attorney to the Board
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CHAIRMAN KAUFMAN: I'd like to call the Code
Enforcement Board to order. Notice: The respondents may be
limited to 20 minutes for case presentation unless additional time is
granted by the Board.
Persons wishing to speak on any agenda item will receive up to
five minutes unless the time is adjusted by the Chairman. All parties
participating in the public hearing are asked to observe Robert's
Rules of Order and speak one at a time so the court reporter can
record all statements being made.
Any person who decides to appeal a decision of this board will
need a record of the proceedings pertaining thereto and, therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. Neither Collier County nor the Code
Enforcement Board shall be responsible for providing this record.
So we're going to start out with the Pledge of Allegiance. If
you'll all stand, please.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: Several of us here salute rather
than put the hand on the heart. Once you've been in the service,
that's the protocol. So that answers that question.
Why don't we start with the roll call, Helen.
MS. BUCHILLON: Yes, sir. Good morning. For the record,
Helen Buchillon, Code Enforcement.
Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. BUCHILLON: Mr. Danny Blanco?
MR. BLANCO: Here.
MS. BUCHILLON: Mr. John Fuentes?
MR. FUENTES: Here.
MS. BUCHILLON: Mr. Lee Rubenstein?
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MR. RUBENSTEIN: Here.
MS. BUCHILLON: Mr. Tarik Ayasun?
MR. AYASUN: Here.
MS. BUCHILLON: And Ms. Zully Ruiz?
MS. RUIZ: I was not present.
CHAIRMAN KAUFMAN: You're here now. I can see you.
MR. RUBENSTEIN: She's here.
MS. BUCHILLON: Kathleen Elrod and Chloe Bowman are
not here yet.
CHAIRMAN KAUFMAN: Okay.
Okay. The minutes, if anybody has any questions on the
minutes...
(No response.)
CHAIRMAN KAUFMAN: If not, the minutes will show
approved.
Which brings us to the agenda. Do we have any changes?
MS. BUCHILLON: Yes, we do. We have one stipulation.
First stipulation under public hearings, D, hearings, No. 1,
CESD20210013157, Alfonso Perez Basilio and Carina E. Martinez
Figueroa.
And now we have some withdrawns.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Under public hearings, D, hearings, No. 2,
CEPM20210010622, Brian C. Stuber, has been withdrawn due to
compliance efforts.
Number 3, CESD20210012154, 4630 Gulfstream Drive, LLC,
has been withdrawn and will be rescheduled for the July hearing.
Under old business, motion for imposition of fines, No. 3,
CEAU20210011467, Nelson Martinez and Ada M. Diaz, has been
withdrawn. They paid the past due ops costs.
Number 8, CESD20170011238, Caryn Marie McGrath, has been
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withdrawn due to compliance efforts.
Number 9 CESD20200000285, Debra Sue Mays Ayala, has
been withdrawn. Customer is sick and will be rescheduled for next
month.
And that's it. Those are all the changes.
CHAIRMAN KAUFMAN: Okay. First I'd like to recognize
our newest member of the board, Zully Ruiz. Welcome.
MS. RUIZ: Thank you, Mr. Chairman.
CHAIRMAN KAUFMAN: We'll treat you with kid gloves
initially, but next month you will be a seasoned person. The gloves
come off.
Okay. Going to start out with the extension of time.
MS. BUCHILLON: Yes, sir.
Under public hearings, A, motions, motion for extension of
time, No. 1, CESD20190014019, Yunior Lopez Morell.
MR. LETOURNEAU: Mr. Chairman, we have a little language
issue here, so Cristina's going to be interpreting for this gentleman.
CHAIRMAN KAUFMAN: Okay. We have a -- this is 4019.
We have a separate piece of paper on this for the Board, if you want
to read that before we start.
THE COURT REPORTER: Do you swear or affirm you will
translate everything from English into Spanish and Spanish into
English to the best of your ability?
TNE INTERPRETER: Yes, I do.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. LOPEZ: Yes, I do.
MR. MIGAL: I do.
CHAIRMAN KAUFMAN: Okay. I've read the letter. This
one is also on the agenda for the imposition of fines; is that correct,
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Jeff?
MR. LETOURNEAU: That is correct.
CHAIRMAN KAUFMAN: So this was -- just to give me a
little background on this, this was originally cited when?
MR. MIGAL: For the record, Rick Migal, Collier Code
Enforcement. Sorry.
MR. AYASUN: 2019.
MR. BLANCO: Mr. Chairman, before we proceed, is the Code
Enforcement attorney on the line or --
CHAIRMAN KAUFMAN: Patrick, are you there?
(No response.)
MR. LETOURNEAU: I think we're working on it at the time.
I'm not sure. I don't think he's on right now. We're having
difficulties in that area also.
MR. BLANCO: Okay. Since he's not here, I have had
personal conversations with the respondent about buying his
property. I just don't know if I should recuse myself at this point.
CHAIRMAN KAUFMAN: Well, the attorney would ask you,
do you have any financial benefit or loss if you were to hear this
case?
MR. BLANCO: I would say -- I'm just going to recuse myself
just to be on the safe side.
CHAIRMAN KAUFMAN: Okay. That's fine.
MR. BLANCO: All right.
CHAIRMAN KAUFMAN: Okay. And what I'm looking at
here --
MR. MIGAL: A notice of violation was --
CHAIRMAN KAUFMAN: Alterations were made -- just as
a -- give us a quick summary on this.
MR. MIGAL: The notice of violation was given on
12/11/2019. He purchased the property with the issues existing
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already, and there was a complaint made against him.
And he went through the process of -- he hired consultants to
help with the permitting, and an engineer. Somewhere around
December of last year, that engineer actually passed away, and for a
while no one knew that, you know, he wasn't working on the case
anymore because it hadn't been disseminated to the clients.
So, basically, we're -- the timeline for this case has been drawn
out for a number of reasons, including that. So he's now, as I was
told this morning, finally found another engineer and will be meeting
with him next week, less than a week from now. And currently he
has the permits he needs, or he's working on those things.
So there's been progress on the case, so he just needs time now
to hire the engineer and get back up to speed from where he was
December of last year before the other one passed away.
CHAIRMAN KAUFMAN: This goes back to 2019. That's
three years ago. What was the violation at that time?
MR. MIGAL: It was two -- there were two structures on the
property, a shed and a lanai that had been modified without permit
prior to him owning the property.
CHAIRMAN KAUFMAN: And he was aware of that when he
purchased the property?
MR. MIGAL: No.
CHAIRMAN KAUFMAN: You can't go to an engineer or an
architect to modify it if you were the one that did it, so --
MR. MIGAL: Right.
CHAIRMAN KAUFMAN: -- I'm guessing that this was done
prior to him purchasing the property.
MR. MIGAL: That is correct.
CHAIRMAN KAUFMAN: Okay. So he has come to you and
said to you that he needs time to get -- to pull a permit?
MR. MIGAL: To get the new engineer hired and up to speed
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so that they can provide what is necessary against the permit. He
does have quite a few inspections already done, but when
he -- including, interestingly, on the shed, the final inspection, but
then the county came back and told him he has, like, seven or eight
other inspections that now need to be done even though the final was
done, so...
CHAIRMAN KAUFMAN: Okay. Why don't we -- why don't
we hear from the respondent. We're not here to hear the case. The
case was heard. You were found in violation. And what you're
asking for is that we don't impose the fine at this time because you're
working on getting the permits done.
MS. PEREZ: He said everything started with the case history.
Obviously, with COVID, the pandemic, his wife lost the job that she
had. So he's the only one that sustains the household. He's got two
children.
If I would have known the house had those problems, I wouldn't
have purchased it.
He hired the engineer. He wouldn't contact -- call him back.
He said, I went to the office. I kept calling, and he just -- he
wouldn't respond.
So now he has -- he had to hire another -- he's in the process of
hiring another engineer. Oh, I'm sorry. He hired another person
who told him he didn't need an engineer, and then after three months
of having hired him, they told him he has to hire another engineer
after he had charged him the money.
So he's, like, when someone's going to do an addition, you're
going to do it because you have the funds to be able to do it. He's
like, I didn't have the proposed funds, and if you give him time he's
doing it little by little. He says right now I'm a month behind on my
mortgage because I had to pay that person.
MR. LETOURNEAU: Cristina, can you ask him, is this being
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used for living purposes.
MR. MORELL: (Through the interpreter) No.
CHAIRMAN KAUFMAN: Which piece are you answering to;
the shed?
MS. PEREZ: I asked both, the lanai and the building in the
back.
The storage, which is the shed, already has the inspections done,
but now it needs an engineer letter, which is the one that passed
away, which is why he has to -- he has additional inspections he
needs the engineer letter for. That's why he has to hire another one.
He said today at 1:30 he has another appointment with another
engineer, but he wouldn't be able to pay him until he gets paid next
Friday.
CHAIRMAN KAUFMAN: This goes back three years. Have
you been in contact with Code Enforcement telling them of the
problems that you've had in coming into compliance?
MS. PEREZ: He says, yes, he calls me every five minutes.
Because of the language barrier -- speaking as a Code Enforcement
Board supervisor, because of the language barrier, he contacts me.
CHAIRMAN KAUFMAN: And he started contacting you
when?
MS. PEREZ: He's always been in contact, to be honest.
CHAIRMAN KAUFMAN: For the last three years?
MS. PEREZ: Yes.
CHAIRMAN KAUFMAN: Okay. John?
MS. PEREZ: So if you'd like me to testify as Code
Enforcement Board, I could explain to you the difficulty he's having.
He does have the shed permit.
Code Enforcement Board, Cristina Perez.
He has the shed permit issued. He had the final building
inspections completed. There's, like, three or four required final
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buildings, but in that process, the county came back and said, we
can't give you a CO until the other inspections that were supposed to
be -- if you started from scratch, you call one at a time. Because
they're not visible, he has to have the engineer submit an
inspection -- a certified letter that the inspections are accurate.
Unfortunately, he passed away, so he has to start from scratch with
the new engineer.
MR. FUENTES: Well, Cristina, let me ask you, in your
opinion do you feel that this gentleman should be given the extension
of time?
MS. PEREZ: I feel that he should be given some type of time
frame, because this information he found out shortly before he
submitted that letter.
MR. FUENTES: Okay. I'd like to make a motion.
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: I'd like to make a motion to grant this
gentleman here an extension of time.
CHAIRMAN KAUFMAN: He's asked for six months. How
much of an extension? I mean, this is three years now. How much
of an extension would you want to grant?
MR. FUENTES: Cristina, how much extension do you believe
this gentleman needs?
MS. PEREZ: I couldn't answer that question.
MR. LETOURNEAU: Well, he asked for six months on the
letter.
MR. FUENTES: I think six months.
MR. LETOURNEAU: And just to clarify, we're talking about a
continuance or an extension?
CHAIRMAN KAUFMAN: Continuance.
MR. FUENTES: Continuance. We'll give him the six months.
I make a motion to grant him six months of continuance.
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MR. RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. MORELL: Thank you.
CHAIRMAN KAUFMAN: I just want to -- I'll be here six
months from now, God willing.
MS. PEREZ: He said, if I had money, this would have been
completed already.
CHAIRMAN KAUFMAN: If my grandmother had wheels,
she'd be a trolley car, okay. Okay.
MR. MORELL: Thank you.
MS. BUCHILLON: So we are going to go ahead and withdraw
the imposition of fines.
CHAIRMAN KAUFMAN: Yes. Do you need a motion for
that? We don't have the attorney telling us, but we do need a
motion. Someone give me a motion to withdraw the --
MR. FUENTES: Make a motion to withdraw fines.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: Okay. That's withdrawn at this
time. All those in favor?
June 23, 2022
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MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
That's what our attorney would have told us to do.
MR. FUENTES: Cristina, did you hear the motion?
MS. PEREZ: Yes.
MS. BUCHILLON: Next case would be the stipulation.
Under public hearings, D, hearings, No. 1, CESD20210013157,
Alfonso Perez Basilio and Carina E. Martinez Figueroa.
THE COURT REPORTER: Do you swear or affirm you will
translate everything from English into Spanish and Spanish into
English to the best of your ability?
MS. PEREZ MARTINEZ: I do.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. PEREZ: I do.
MS. MARTINEZ: I do.
MS. RODRIGUEZ: I do.
CHAIRMAN KAUFMAN: Good morning. Would you like to
read the stipulation into the record?
MS. RODRIGUEZ: For the record, Marie Rodriguez, Collier
County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall: Pay operational costs in the amount of $59.28 incurred in the
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prosecution of this case within 30 days of this hearing; abate all
violations by obtaining all required Collier County building permits
or demolition permit for the addition attached to the single-wide
mobile home with inspections and a certificate of
completion/occupancy within 120 days of this hearing, or a fine of
$200 per day will be imposed until the violation is abated.
Respondent must turn off all utilities to the unpermitted addition
within 24 hours of the hearing, or a fine of $200 per day will be
imposed until utilities are turned off.
Respondent must notify Code Enforcement within 24 hours of
abatement of this violation and request the investigator perform a site
inspection to confirm compliance; that if the respondent fails to abate
the violation, the county may abate the violation using any methods
to bring the violation into compliance and may use the assistance of
the Collier County Sheriff's Office to enforce the provisions of this
agreement, and all costs of abatement shall be assessed to the
property owner.
CHAIRMAN KAUFMAN: Okay. Could you state your
names on the microphone for us.
MS. MARTINEZ: Theirs and mines?
CHAIRMAN KAUFMAN: All of you.
THE INTERPRETER: My name is Esmeralda.
CHAIRMAN KAUFMAN: You can bring that down so we can
hear you.
MS. MARTINEZ: My name is Esmeralda Perez Martinez.
His name is Alfonso Perez, and she's Carina Martinez.
CHAIRMAN KAUFMAN: Okay. So you understand the
stipulation that you've agreed to?
MS. PEREZ MARTINEZ: Yes.
CHAIRMAN KAUFMAN: And you're going to be able to get
everything done within these 120 days; is that correct, Maria?
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MS. RODRIGUEZ: Yes.
MR. PEREZ: (Through the interpreter) Yes.
CHAIRMAN KAUFMAN: Okay. I guess this was -- a
single-wide mobile home was erected behind a house. Are you
going to remove it? Is that what's going to happen?
MS. RODRIGUEZ: It's an addition to the mobile home.
CHAIRMAN KAUFMAN: It's attached to the home?
MS. RODRIGUEZ: The addition is attached to the mobile
home.
CHAIRMAN KAUFMAN: And no permits?
MS. RODRIGUEZ: Just for the addition. The mobile home
has a permit. It's just the addition.
CHAIRMAN KAUFMAN: Okay. Well, we'll find that out.
We have a stipulation. Anybody want to make a motion?
MR. RUBENSTEIN: I'll make a motion to accept.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second to accept the stipulation as written. All those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Good luck.
MS. PEREZ MARTINEZ: Thank you.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Next case on the agenda under hearings,
No. 4 -- oh, no, I'm sorry. Number 5, CESD20210011366, Timothy
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Dezego and Robin Dezego.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. JOHNSON: I do.
MR. DEZEGO: I do.
CHAIRMAN KAUFMAN: I can barely hear you.
MR. DEZEGO: I do.
CHAIRMAN KAUFMAN: Okay. Can you state your name
on the microphone for us, please.
MR. DEZEGO: Timothy Dezego.
CHAIRMAN KAUFMAN: Okay. And you represent yourself
and Robin?
MR. DEZEGO: Yes.
CHAIRMAN KAUFMAN: Okay. John.
MR. JOHNSON: Good morning. For the record, John
Johnson, Collier County Code Enforcement.
This is in reference to Case No. CESD20210011366 dealing
with a violation of Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(a), specifically a carport and
overhang were built without the required Collier County permits,
located at 3399 Canal Street, Naples, Florida, 34112. Folio
No. 71800000242.
Service was given on November 15th, 2021.
On November 2nd of 2021, the Bayshore CRA submitted a
complaint for unpermitted construction work that was done at that
address. On November 12th, Building Official Jonathan Walsh
determined that a violation existed for this unpermitted work, and
three days later, on November 15th, 2021, the NOV was served. On
December 6th, 2021, a permit application was submitted, Permit No.
PRBD20211256188, for that work -- for the work that was done.
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On January 6th, 2022, a corrections letter was sent to the
owners, and on January 10th I sent a copy of this letter to the owners
via email just so we could discuss it. And as of today, this permit
has not been approved and the violations remain.
CHAIRMAN KAUFMAN: Okay. Generally, if a permit isn't
approved in, I guess it's six months, it no longer exists; is that correct,
Jeff?
MR. LETOURNEAU: When they first apply for the permit,
they give them six months leeway to get it issued. At the point that
it isn't issued within six months, the permit gets canceled, and they
would have to resubmit or put another permit in, yes.
CHAIRMAN KAUFMAN: Okay. So are you saying that
because of that there really is no permit on these additions?
MR. JOHNSON: There is no approved permit on these
additions; however, a lot of work has been done to get that, and
you're going to hear about that.
CHAIRMAN KAUFMAN: Okay, fine.
MR. JOHNSON: So, you know, he's been working on it.
CHAIRMAN KAUFMAN: Okay. Do you have some
pictures?
MR. JOHNSON: I have some case evidence that I would like
to present.
CHAIRMAN KAUFMAN: Yes.
MR. JOHNSON: Do we need to check to see if he's --
CHAIRMAN KAUFMAN: Have you -- you have pictures?
MR. JOHNSON: Yes, sir.
CHAIRMAN KAUFMAN: Okay. And has the respondent
seen the pictures?
MR. JOHNSON: He has.
CHAIRMAN KAUFMAN: Do you have any objection to these
pictures?
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MR. DEZEGO: No.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board to accept the pictures.
MR. FUENTES: Motion to accept the photos.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. JOHNSON: Okay. So this property is in the Bayshore
area. It's on Canal Street off of Areca; is that right?
MR. DEZEGO: Yes.
MR. JOHNSON: Areca, yeah.
So this is the picture of -- and, Jeff, if you go to the second one,
it's just a little closer view, I think. So the two structures that are
unpermitted are the overhang that he circled there and the carport.
You can see them. They kind of stand out. So those photos, you
can see, were taken on March 16th, and those structures remain there
today. And that's my evidence.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. DEZEGO: Yes.
CHAIRMAN KAUFMAN: What's going on?
MR. DEZEGO: Well, the Permitting Department is not very
user friendly, that's how I'll start. I went to the Permitting
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Department, I believe, the following -- the first business day after I
received the Code Enforcement letter. So it's not like I've been
avoiding this at all.
I've been to the Permitting Department at least 10 different times
on this, and I cannot seem to get the Zoning Department to agree on a
finding on it, to be honest with you. That's about where I'm at right
now.
It did take some time to get all the proper submittals for the
actual structure itself to get the inspections that it would need. So I
finally have gotten all of that done. The only outstanding issue on
the permit is the zoning. Zoning has conflicting points of view on
the structure itself. One of them is that it's supposed to be 10 feet
from the property line, which that structure right there is actually five
foot from the property line.
MR. JOHNSON: Excuse me. Jeff, can you go back to the
previous picture. Okay. Go ahead. Go ahead, Tim.
MR. DEZEGO: Which if you look at the picture there, is kind
of crazy to start with, because it's 30 feet from the road, so --
CHAIRMAN KAUFMAN: So when you say "property line,"
you're not talking about adjacent property? You're talking about the
setback?
MR. DEZEGO: I'm talking about the setback. The front
property line is behind those bushes that you see there five feet from
the very front edge of that carport.
CHAIRMAN KAUFMAN: Okay.
MR. DEZEGO: They were telling me that it needed to be 10.
So I was in the process of asking if I could have some sort of leeway
since it was so far from the road. In the process of doing that, they
told me that I was not allowed to have -- that they did further
research, and I couldn't have a carport at all, that it was not allowed
to be in the front of the house in this particular area.
June 23, 2022
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I went back and forth with them on that and finally got a
judgment from Eric Ortman that there are conflicting codes and that
it was okay to have the carport, that it just now needed to meet the
setback requirements.
So I went to the Zoning representative, I guess, that's on my
case, and explained that to her and asked her if she had spoke to Eric
Ortman about it. And she said no.
And I said, well, can you speak to him about it?
But for some reason every time I go to the Permitting
Department, we can't ever get two people to sit down and actually try
to solve the problem. It always has to be done, you know, behind
closed doors or through emails or whatever.
So after I asked her to do that, she either emailed me or called
me or something to say that she did not approve the zoning.
I asked her if she spoke to Eric. She said no.
I said, well, why have you not spoke to Eric? He was the one
that, with his zoning manager, looked at a conflicting code, and
agreed that it should be okay.
So I threw my hands up at that point and decided I would come
down here and speak to you and be like, I don't know where to go
from here, because I just keep reaching a dead-end after dead-end
after dead-end.
CHAIRMAN KAUFMAN: Okay. Let me -- first of all, that's
not our purvey [sic]. Our purvey is to find out whether --
MR. DEZEGO: I understand.
CHAIRMAN KAUFMAN: -- this thing is in violation or not,
period.
Did you start out with a permit before you put a --
MR. DEZEGO: I did not.
CHAIRMAN KAUFMAN: -- shovel in the ground? So that
was to start with.
June 23, 2022
Page 19
MR. DEZEGO: Correct.
CHAIRMAN KAUFMAN: Did you do a spot survey? A spot
survey is, I'm going to build such and such, and it's going to be right
here. Because if you did a spot survey and they had a problem with
the setbacks or whatnot, they would have told you that right away.
MR. DEZEGO: Correct, I did not do that.
CHAIRMAN KAUFMAN: Okay. So it's one thing causes
another thing causes another thing.
MR. DEZEGO: I understand.
CHAIRMAN KAUFMAN: Okay. Have you been in touch
with Renald Paul at all who kind of helps with some of these issues
of this nature?
MR. JOHNSON: I don't think he has. I have not either.
Basically, he's got it -- working through it, he's got it down to -- his
lot line is 25 feet from the road -- and everything you said is right.
Obviously, if he had done a spot survey, he would have known he
couldn't put it there. It's simple, bang, that's easy. But his lot line is
25 feet from the road, so that's -- that's the issue. And he knows he
can take it down, and the case goes way; however, if he can get
that -- I don't know if it would be a variance, Jeff. I don't know what
the term is.
CHAIRMAN KAUFMAN: It's a variance.
MR. JOHNSON: If he could get a variance for that. Because
as you can see, the structure -- all the materials have been approved
in the structure, the way it was built, bah, bah, bah. All that stuff has
been approved. So he's down to that one issue.
So I don't know if extra time is going to help him or not, but he
is trying to get that to be approved through Zoning. And one time
they told him they could have no carports there, and that was kind of,
let's just say, not 100 percent correct. They can be there if they're
done the right way.
June 23, 2022
Page 20
CHAIRMAN KAUFMAN: Well, obviously, the permit would
have to be approved.
MR. JOHNSON: Yeah.
CHAIRMAN KAUFMAN: And that would make everything
go away --
MR. JOHNSON: Correct.
CHAIRMAN KAUFMAN: -- one way or the other.
MR. JOHNSON: Correct.
CHAIRMAN KAUFMAN: I'm familiar with this, and it
requires a variance or, as we in the business say, it's going to cost you
$500 -- if there is a difference in the rule and where it is. I know
you've been going back and forth to people. I would recommend
you that talk to Renald Paul and see if he can bring this thing to a
closure one way or the other. And I'm sure --
MR. DEZEGO: That's exactly what I'm looking for. I'm
looking for one person that could sort of connect dots and say, this is
where the impasse is. Because on my last letter, outstanding
corrections, it says right on there that the setback line measurement,
minimum setback lines are typically measured from the legal
boundary of a lot regardless of all easements burdening a lot, with the
exception of easements that comprise the road right-of-way where the
minimum setback line is measured from the road right-of-way
easement line which, under certain interpretation, says that
everything that I have is fine. I don't even need a variance; it's far
enough back.
CHAIRMAN KAUFMAN: We're not the experts in --
MR. DEZEGO: I understand.
CHAIRMAN KAUFMAN: -- zoning, et cetera. Renald Paul
is terrific, and I'm sure he can get to the bottom of this one way or the
other.
MR. DEZEGO: Excellent.
June 23, 2022
Page 21
CHAIRMAN KAUFMAN: What I would recommend to our
board is to grant you enough time to get an answer from Renald and
see where we go from there.
Jeff, do you have any comments on this or the solution?
MR. LETOURNEAU: I just want to make a statement about,
obviously, that is a right-of-way that it's five feet away from. So you
are encroaching onto the county right-of-way. You just said it
yourself when you read that note right there.
So if you have to get a variance, it's going to be very expensive.
I don't know if that structure's going to be worth spending the money
on a variance, but, you know, you're right about Renald Paul. He's
going to be able to get an answer. Whether he likes it or not, he's
going to be able to boil it down to what he needs to do.
CHAIRMAN KAUFMAN: How about, as a suggestion, if you
pull this case for one month, which will give the respondent a month
to get ahold of Renald Paul and find out what it is. I've been there
before with the variance, and I'm talking about 20 years ago the
variance was $500. It was an administrative variance, which is
about the simplest way you can go. So it's going to cost money one
way or the other.
MR. LETOURNEAU: No. The county's looking for --
CHAIRMAN KAUFMAN: A resolution.
MR. LETOURNEAU: -- a finding of violation and some time
given at that point.
MR. JOHNSON: And, Jeff, the structure is five feet from the
right-of-way?
MR. LETOURNEAU: Correct, five feet, right, and it needs to
be 10 feet.
MR. JOHNSON: It needs to be 10.
MR. LETOURNEAU: So it's not like, you know, a normal
variance when it's eight inches or something like that. It's going to
June 23, 2022
Page 22
be difficult, I'm going to tell him right now.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: I'd like to make a motion.
CHAIRMAN KAUFMAN: We have a motion from Lee.
MR. RUBENSTEIN: I'd like to make a motion that a violation
does exist.
CHAIRMAN KAUFMAN: Okay. We have a motion a
violation exists. Do we have a second?
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: We have a second. All those in
favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
So the violation does exist. I would be in favor of granting a
short period of time, enough time for you to meet with Renald Paul
and see if you can decide whether it's a structure that's going to need
to be removed or not, and that will probably resolve the case. So I
would think that --
MR. RUBENSTEIN: I have a question.
CHAIRMAN KAUFMAN: Okay. Go ahead, Lee.
MR. RUBENSTEIN: John.
MR. JOHNSON: Yes.
MR. RUBENSTEIN: If a permit was issued, does the front
entry cover comply?
June 23, 2022
Page 23
MR. JOHNSON: Yes.
MR. RUBENSTEIN: Okay. So it's just the carport at this
time?
MR. JOHNSON: Correct.
MR. RUBENSTEIN: Okay. So does he require a separate
permit for the front entry cover if the carport was removed?
MR. LETOURNEAU: Yes.
MR. JOHNSON: That's a good question. I guess he would,
because it would be -- now it would be a new permit. But the permit
that he applied for included both structures, and the issue is down to
the carport setback, so...
MR. RUBENSTEIN: Thank you.
CHAIRMAN KAUFMAN: Okay. Anybody want to make a
motion?
MR. DEZEGO: Can I request a certain amount of time? I
mean, you say a short period of time. Nothing in this process has
taken a short period of time up to this point. And I would love
to -- I'll speak to Renald Paul tomorrow if that's, you know, the
shortest process, and hopefully it is, because I want to get this
resolved as soon as possible.
But if the answer is that I have to remove it, I would like to then
explore the variance, and in an effort to not have to come back here
and meet in front of you several times, you know, I would request at
least three months, three or four months to try to get this resolved,
because I know a variance is not going to be...
MR. JOHNSON: Mr. Chair, while you're mulling that over, I
can read the recommendation. You can fill in the blanks if you'd
like.
CHAIRMAN KAUFMAN: Okay. Why don't you do that.
MR. JOHNSON: Okay. So the recommendation is that the
Code Enforcement Board orders the respondent to pay all operational
June 23, 2022
Page 24
costs in the amount of $59.21 incurred in the prosecution of this case
within 30 days and abate all violations by:
Number 1, obtaining all required Collier County building
permits or demolition permit, inspections and certificate of
completion/occupancy for the carport and the front entryway
overhang within blank number of days of this hearing, or a fine of X
number of dollars per day will be imposed until the violation is
abated;
Number 2, the respondent must notify the Code Enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the respondent fails to
abate the violation, the county may abate the violation using any
method to bring the violation into compliance and may use the
assistance of the Collier County Sheriff's Office to enforce the
provisions of this order, and all costs of abatement shall be assessed
to the property owner.
CHAIRMAN KAUFMAN: Okay. And, John, you want to fill
in the blanks on that? Have everything done except for the amount
of days that you would like to grant and the amount of fine that
exceeds those dates.
MR. LETOURNEAU: Mr. Chairman, I'd like to point out that
this process, especially if it comes down to a variance, is going to be
a long, long time. Since there's no health and safety matters with
this issue, the county's not going to object to a nice extended length
of time for this gentleman to get this taken care of.
MR. FUENTES: What are you recommending?
MR. LETOURNEAU: My recommendation right now would
be six months, to be honest with you. And I don't think it's going to
be done then, but at least he can come back at that point and show
you guys his progress.
CHAIRMAN KAUFMAN: I kind of differ with you --
June 23, 2022
Page 25
MR. LETOURNEAU: That's fine.
CHAIRMAN KAUFMAN: -- in this respect. If the
respondent can meet with Renald Paul within the next month, and
he'll flat out you know you can't have that because it's going to
be -- no matter what you do, it's going to be in the right-of-way, then,
you know the only option you have is to remove it, or if you wanted
to apply for a variance, you could come back to the Board in a month
and say, this is the recommendation from the county, and I'm going
to go down that route. At that time we could grant sufficient time
for a variance. Once you find out how much a variance is for the
carport, you will be singing a different tune, but that's up to you.
MR. DEZEGO: The whole thing, that in itself that you say
that, it just is absurd to me. I mean, I bought this house -- this was a
drug house, basically, falling down, in complete disrepair. And I
improved the community completely with renovating this house and
making it nice, and you see the carport is not a piece of junk. And to
be at that point now where it's going to cost me more money than it
should to have improved the community just doesn't make sense to
me.
CHAIRMAN KAUFMAN: Well, you can't --
MR. FUENTES: You have to remember that you didn't follow
the due process in requiring this carport, unfortunately. You missed
certain necessary steps and, therefore, now we're here today.
MR. DEZEGO: I understand that, and I also -- what I don't
understand is that what Mr. Johnson just said was the CRA is the one
that called in this problem or whatever, but the CRA -- which I go to
the meetings. The CRA said that their mission was to bring the
houses closer to the road. They wanted carports added. They
wanted front porches added. Or I don't know about carports, but
front porches. They wanted the houses not be built behind but be
closer to the road, which is exactly what I did. I just didn't know I
June 23, 2022
Page 26
needed a permit at the time to build a carport that only a car was
going under, and there are temporary tent-like structures all over my
neighborhood.
CHAIRMAN KAUFMAN: Well, that's -- this is what it is.
We're only here to decide on the -- whether it's in violation or not.
We have decided that it is in violation, tried to give you some
direction on where you can go to find out what you need to do.
MR. DEZEGO: Sure.
CHAIRMAN KAUFMAN: That's as far as we can go.
MR. DEZEGO: Okay. Well, I just would like to request the
six months then, because I'd rather not have to come back next
month.
CHAIRMAN KAUFMAN: It's not -- you could request that in
a letter to the Board, but it's going to be up to the motion maker how
much time he wants to grant. So, John?
MR. FUENTES: I'm going to make a motion to grant the six
months --
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: -- due to the recommendation by Jeff
Letourneau. And hopefully we can get that resolved.
CHAIRMAN KAUFMAN: Okay. Six months.
MR. BLANCO: I'll second.
CHAIRMAN KAUFMAN: Hold on. Hold on. And the fine
after six months is?
MR. FUENTES: We'll do $250.
CHAIRMAN KAUFMAN: $250 a day.
MR. FUENTES: A day.
CHAIRMAN KAUFMAN: And the $59.21 will be paid within
30 days.
MR. FUENTES: Correct.
CHAIRMAN KAUFMAN: Okay. Now anybody have any
June 23, 2022
Page 27
questions?
(No response.)
CHAIRMAN KAUFMAN: Anybody want to make a second?
MR. BLANCO: Second.
MS. RUIZ: Second.
CHAIRMAN KAUFMAN: Okay. We have it seconded. All
those in favor?
MS. RUIZ: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You have six months.
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Talk to Renald Paul as soon as you
can.
MR. DEZEGO: Easiest way to get in contact with him?
CHAIRMAN KAUFMAN: John will help you out with that.
MR. DEZEGO: Perfect. Thank you.
MR. LETOURNEAU: Mr. Chairman, I've been told by our
technical team that they would like a break here to see if they can fix
the issues that are still ongoing, including getting your attorney on
board with this.
CHAIRMAN KAUFMAN: Okay. We'll leave that up to the
boss.
Terri, you okay with that? We'll take your break early. Okay.
We'll be adjourned for the next 10 minutes maybe?
MR. LETOURNEAU: At least, yes.
June 23, 2022
Page 28
CHAIRMAN KAUFMAN: The next 10 minutes.
(A brief recess was had from 9:53 a.m. to 10:05 a.m.)
CHAIRMAN KAUFMAN: Patrick, are you online?
MR. WHITE: I'm here.
CHAIRMAN KAUFMAN: We'll have questions for you
coming up, I'm sure.
MR. WHITE: Is that you, Bob?
CHAIRMAN KAUFMAN: Yes, it is.
MR. WHITE: Good. Once I confirm the case that Danny had
the Form 8B required for, I will email it to him. I believe it was
your extension of time case, Morell. Maybe I'm mistaken.
CHAIRMAN KAUFMAN: Danny --
MR. WHITE: I'm trying to follow you all.
CHAIRMAN KAUFMAN: -- is slightly missing right now, but
I will talk to him about that and let him know to look forward to that
one.
MR. WHITE: Which case was that, Mr. Chair?
CHAIRMAN KAUFMAN: Danny, what was the case that you
recused yourself from?
MR. BLANCO: The first case we heard.
MS. BUCHILLON: The extension of time.
MR. LETOURNEAU: Morell.
MS. BUCHILLON: Morell, yeah, 14019 at the end.
MR. WHITE: Got it.
CHAIRMAN KAUFMAN: 4019.
MR. BLANCO: Yeah, Yunior Lopez Morell.
CHAIRMAN KAUFMAN: Okay. You got that, Patrick?
MR. WHITE: Got it.
CHAIRMAN KAUFMAN: Yeah.
MR. WHITE: And that was the correct course of action.
CHAIRMAN KAUFMAN: Which brings us to the agenda.
June 23, 2022
Page 29
Helen, who's next?
MS. BUCHILLON: Next, we're going to be going to old
business. B, motion for imposition of fines. Number 1,
CELU20200002226, John D. Harlem and Meghan K. Harlem.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. PULSE: I do.
MR. HARLEM: I do.
CHAIRMAN KAUFMAN: Let me start out with this
case -- could you state your name on the mic.
MR. HARLEM: John Harlem.
CHAIRMAN KAUFMAN: Okay. I have a sheet here on this,
and sometimes they're not correct, so let me just check it out. The
violation has not been abated; is that correct?
MS. PULSE: Correct.
CHAIRMAN KAUFMAN: Number one. And number two,
the previously assessed operational costs of 59.28 have been paid; is
that correct?
MS. PULSE: Yes.
CHAIRMAN KAUFMAN: Okay. Just wanted to verify that.
Okay. Would you like to read this into the record for us?
MS. PULSE: For the record, Dee Pulse, Collier County Code
Enforcement.
On March 25th, 2021 [sic], the Code Enforcement Board issued
a finding of fact, conclusion of law and order. The respondent was
found in violation of the referenced ordinances and ordered to correct
the violation. See the attached order of the Board, OR5933,
Page 2488 for more information.
The violation has not been abated as of June 23rd, 2022.
Fines and costs to date are as follows: Fines have accrued at a
June 23, 2022
Page 30
rate of $50 per day for the period from March 26th, 2022, to
June 23rd, 2022, 90 days, for a total fine amount of $4,500.
Previously assessed operational costs in the amount of $59.28
have been paid. Operational costs for today's hearing, $59.28.
Total amount: $4,559.28.
CHAIRMAN KAUFMAN: Okay. Sir, we're not here,
obviously, to rehear the case. You were found in violation back in
March, but you're here to request something.
MR. HARLEM: Well, first I'd like to comment on that. I was
not found in violation. You, yourself, Chairman Kaufman -- they
showed my yard on the screen. You said it was beautiful. You'd
like to have that as your own yard. You gave me a year for the
county to look into changing the ruling, which I thought the county
was doing. I was talking to Planning Development and other
divisions. To my surprise, when I got a new violation, I contacted
them, and they said nothing has been done.
So here we are today. I'm in talks with them again. I met with
the County Commissioners last month. They all agreed this needs to
go in to be looked at for a change in the ruling.
CHAIRMAN KAUFMAN: So do you think there was a
clerical error in the dates that were provided? I don't -- obviously,
I've heard a few cases in the past.
MR. HARLEM: Of course.
CHAIRMAN KAUFMAN: The original violation, Jeff, do you
have that?
MR. LETOURNEAU: I don't think there's been any clerical
errors whatsoever in this case, so -- if that's what you're asking. I
just believe that a violation was found, a date was given for
compliance, and it's not in compliance at this point. That's the
county's position.
CHAIRMAN KAUFMAN: Okay. Did you get the date of
June 23, 2022
Page 31
compliance requirement?
MR. HARLEM: The date of compliance, the year that you
gave was for the time for the county to look into the ruling to see if it
would be changed, and nobody looked into anything.
CHAIRMAN KAUFMAN: Did you get that in writing?
MR. HARLEM: I just got the paperwork that -- from after
the -- you know, you gave me the year.
MR. LETOURNEAU: The order was to either get it permitted
or remove the -- or remove the turf. It wasn't -- there wasn't any
direction officially to the county to look into whether or not they're
going to change this ordinance or not.
So I understand that Mr. Harlem went before the commissioners,
and they advised staff to take a look at it. I do believe they are at
this time, but I've had no indication one way or the other that they're
changing the ordinance at this time. So as we sit right now, it's still
a violation per Collier County ordinances.
MR. BLANCO: Mr. Harlem, it's not difficult to comply with
this order at all. I mean, we're talking about turf.
MR. HARLEM: Yes, I understand that. But what I'm going
under is the Florida Statute of landscape ruling, and I comply with
the Florida Statute of landscape ruling. The Florida Statute
overrules the county statute. The City of Naples has turf full yard.
City of Marco has full yard. Both are in Collier County.
MR. LETOURNEAU: Are you referencing from 373?
MR. HARLEM: I heard from Jeff two days ago, and he told
me, yeah, yeah, I've heard your spiel before. It's not my spiel. This
is the Florida law. So I'm just stating the Florida law.
MR. LETOURNEAU: I'm going to object to this testimony,
because we're not here to hear the case again. We're here
to -- whether or not there's a violation and whether or not to impose
this or extend this time for this gentleman to take care of it.
June 23, 2022
Page 32
CHAIRMAN KAUFMAN: Let me ask, you're in contact with
the County Commission?
MR. HARLEM: I am, sir. I had the meeting on the 24th. On
the 25th I received an email from John Mullins, the Division of
Communications of Government and Public Affairs. At yesterday's
meeting, direct to return the issue to the agenda for consideration. I
can -- here's the whole email.
CHAIRMAN KAUFMAN: When did they say they're going to
bring it up to the commission?
MR. HARLEM: There are three more scheduled BCC
meetings before the summer break in mid July. I wouldn't anticipate
it will be placed on the agenda prior to that break.
MR. LETOURNEAU: And the county has no objection to a
continuance until this matter is settled.
CHAIRMAN KAUFMAN: Okay. And I agree with that, Jeff.
MR. HARLEM: I would like an extension not a continuance,
because I would like not to be fined for the county doing what they
said that they would do to look into this. It's not on me. This is
something the county said that they would do.
MR. BLANCO: Your email said that they were going to try to
schedule it before their summer break?
MR. HARLEM: That's what this email from John Mullins
says, yeah.
MR. BLANCO: And if I'm not -- Jeff, correct me -- I believe
that's in August, correct?
MR. LETOURNEAU: That's a good question.
MR. FUENTES: August.
MR. LETOURNEAU: Yeah. I'm not sure, to be honest with
you.
MR. BLANCO: Yeah, I believe it's August. So, what, June,
July. They've got two meetings in July. I'll make a motion to
June 23, 2022
Page 33
continue the case for 90 days.
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: Ninety days, 59.28 paid within 30
days.
MR. FUENTES: Just to clarify, continuance, not an extension?
MR. BLANCO: Yes, continuance. To continue the case for
90 days, and to pay operational costs for today's hearing of 59.28
within 30 days.
CHAIRMAN KAUFMAN: Right. And how many days; 90
days?
MR. BLANCO: Ninety days, yes, sir.
CHAIRMAN KAUFMAN: And the fine after that is how
much?
MR. BLANCO: I don't think there's a fine associated --
CHAIRMAN KAUFMAN: It just continues the $50 a day --
MR. BLANCO: Yeah.
CHAIRMAN KAUFMAN: -- that's on the original. Okay.
I'll second your motion, Danny.
Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. HARLEM: I'd like to --
June 23, 2022
Page 34
CHAIRMAN KAUFMAN: Your fines, once the county does
everything, can be abated, so don't hang up on the continuance.
MR. HARLEM: No, I understand, and I appreciate that, but I
would like to read the Florida Statute 373.185. A local government
ordinance may not prohibit or be enforced so as to prohibit any
property owner from implementing the Florida Friendly landscaping
on his or her land. That's a Florida Statute.
CHAIRMAN KAUFMAN: Okay. And the place for that is
going to be at the County Commission hearing when it's heard. So
make sure you are there when that agenda item is coming up.
MR. HARLEM: Thank you.
CHAIRMAN KAUFMAN: Make sure it doesn't get moved to
the consent agenda.
MR. HARLEM: Okay.
CHAIRMAN KAUFMAN: Okay.
MR. HARLEM: Okay.
CHAIRMAN KAUFMAN: Thank you.
MR. HARLEM: Thank you.
MS. BUCHILLON: Next case on the agenda, No. 2,
CEPM20200000363, Ozlyn Garden Villas A Condominium.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. JOHNSON: I do.
MR. WOODWARD: Yes.
MR. FOLEY: Yes.
CHAIRMAN KAUFMAN: Okay.
MR. JOHNSON: Mr. Kaufman.
CHAIRMAN KAUFMAN: Can you put your names on the
microphone for us, please.
MR. WOODWARD: For the record, it's Cameron Woodward
June 23, 2022
Page 35
from Woodward, Pires, and Lombardo representing the association,
and this is our engineer, Blair Foley.
CHAIRMAN KAUFMAN: Okay. John.
MR. JOHNSON: Mr. Kaufman, if I could just give you a quick
update. I don't know if you remember this case, but it was for docks
that were destroyed in a hurricane, and they went through all these
problems trying to get them repaired, and then the county said they
needed a Site Development Plan. The county said they needed to do
a fire extension system, bah, bah, bah.
So they've been heading down the path to get this in compliance,
at our last meeting the Board said, you know, we'll give you -- and I
forget what the last date was. We'll give you X amount of time, and
bring it back and tell us if you need more time, but also give us an
update on your progress.
So I can read the past order if you want, or he can give you an
update on the progress, because they're going to need more time.
CHAIRMAN KAUFMAN: Why don't you read the past order
just so it's in the record.
MR. JOHNSON: Okay. Past order: On October 23rd, 2020,
the Code Enforcement Board issued a finding of fact, conclusion of
law and order. The respondent was found in violation of the
referenced ordinance and ordered to correct the violation. See the
attached order of the Board, OR5846, PG2405, for more information.
On July 22nd, 2021, the Board granted a continuance for six
months. See the attached order of the Board in documents and
images for more information.
On January 27, 2022, the Board granted a continuance till the
June 23rd, 2022, hearing. See the attached order of the Board in
Documents and Images for more information.
The violation has not been abated as of June 23rd, 2022. Do
you want me to read the fines in, sir?
June 23, 2022
Page 36
CHAIRMAN KAUFMAN: Sure.
MR. JOHNSON: Fines have accrued at a rate of $250 per day
for the period from April 22nd, 2021, to June 23rd, 2022, 428 days,
for a total fine amount of $107,000.
Previously assessed operational costs of $59.21 have been paid.
Operational costs for today's hearing are $59.63. Total amount:
$107,059.63.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. WOODWARD: Thank you. And as I said earlier, my
name's Cameron Woodward, and I'm the attorney representing the
association. I'm also the vice president of the association as well,
and we're joined by Patrick Lyons, who's the secretary and treasurer,
and Todd Leach, who's a member of the association, as well as our
engineer.
So since we were here at our last meeting on January 27th, our
retained engineer went forward with preparing the pre-application
application for the county. That was submitted and approved by the
county on March 1st.
The actual pre-application meeting for the Site Improvement
Plan was held on April 5th. That went very well. We had the
reapplication meeting notes the following day. At that meeting we
learned the scope of the requirements that the county wanted for the
landward side to bring the property into conformity with the current
code, and following that meeting, our engineer retained -- our
retained engineer, Mr. Foley, received his second check, retainer
check.
And at that point, he went forward on -- excuse me. He went
forward in retaining surveyors to get the survey work done and began
doing work effectively to move forward to getting the plan put
together, and we have Mr. Foley here to give kind of an update and a
rundown on what the county requirements are for the Site
June 23, 2022
Page 37
Improvement Plan and what length of time it's going to take to get
that done.
CHAIRMAN KAUFMAN: How many docks are there?
MR. WOODWARD: There are -- individually, there are six
docks, and then there are boats on either side. So there's one boat
per unit, for a total of 12. It's a small association.
CHAIRMAN KAUFMAN: Okay. You've both been sworn?
MR. WOODWARD: Yes. And this is Blair Foley.
MR. FOLEY: For the record, Blair Foley representing the
petitioner. Good morning.
CHAIRMAN KAUFMAN: Good morning.
MR. FOLEY: We were retained per counsel's schedule, and
shortly thereafter, on the April 5th date of the meeting from the
county, we engaged -- solicited proposals for surveyors to do the
survey work.
Even though this issue was driven by docks, the way the Land
Development Code reads, the Site Improvement Plan is so much
more than just addressing the docks. We need to get a boundary
survey, and it's a complete as-built survey; parking, buildings,
finished floor elevations, control points. And surveys right now on
many projects are running several months.
This one is about two months in, and all the fieldwork has been
completed. I expect to get the final survey within the next week to
10 days, at which time I will use that as my base map to create the
base map of the Site Improvement Plan.
The Site Improvement Plan not only will show the docks and the
survey work, but it also gets reviewed by approximately 12 different
county departments, including landscaping and buffering, setbacks,
parking, utilities. There are issues related to the dry fire line that
needs to be shown. So there's a number of components that have to
be created for that.
June 23, 2022
Page 38
Once I get the base map from the surveyor, our design work in
my office is approximately one month to get the design ready to
submit to the county. And the county has a period that they're
averaging being around 30 days of comments on the submittal
package. Usually we go through about two rounds of comments,
and I won't bore you with the back and forth, but we're probably
looking at a four- to six-month time frame to have this completed and
approved by Collier County.
I can answer any specific questions related to that if you wish,
but that's a summary of the effort.
CHAIRMAN KAUFMAN: Okay. So six months would
probably put you in that time frame --
MR. FOLEY: It would.
CHAIRMAN KAUFMAN: -- six months from now?
MR. FOLEY: Yes, it would; in my opinion, yes.
MR. JOHNSON: And, Mr. Kaufman, if I may, the docks have
been stabilized. There's no safety issues or anything with the
existing docks, although they're not up to code. But they've been
stabilized, so FYI.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board? Anybody want to make a --
MR. RUBENSTEIN: Are there any vessels at these docks
presently?
MR. WOODWARD: There is one vessel at the newest dock.
That dock happened to be destroyed in Hurricane Irma, which was
some years ago, when another vessel along the canal broke loose.
That dock was replaced, and so that's a newer dock; the pilings are
newer. There's no problem with that. That's the only current dock
in use.
MR. RUBENSTEIN: Okay. If this dock is not up to code,
why are we allowing a boat to be there?
June 23, 2022
Page 39
MR. JOHNSON: Oh, go ahead.
MR. WOODWARD: If I may, that specific dock is up to code,
having been completely replaced shortly after Irma. That dock was
permitted and replaced and was put back in its exact physical
location.
The problem we're having and the reason for having to do the
entire site plan is that the dock -- the waterfront was redesigned with
a new design, and the reason for that is when we were going through,
it was -- for some reason the developer clustered all the docks along
the south end of the property, and so this made it very tight to get in
and out. So the decision was made to space them out. When that
decision was made along the waterfront, that's when we discovered
that we had to have -- the clients discovered the Site Improvement
Plan was required and -- you know, it is a good thing for both us and
for the county, because the county codes have changed significantly.
MR. RUBENSTEIN: Do we have a current picture?
CHAIRMAN KAUFMAN: Let me interrupt. We're not going
to hear the case now.
MR. RUBENSTEIN: I know.
CHAIRMAN KAUFMAN: This is just -- I think where we are
right now is do we continue this for a period of time until they come
into compliance or not, or to impose the fine, so...
MR. BLANCO: Mr. Chairman?
CHAIRMAN KAUFMAN: Yes.
MR. BLANCO: I'd like to make a motion. And it is the
county's position that this is in no way a health-safety issue at this
point?
MR. JOHNSON: Correct.
MR. BLANCO: Okay. For the attorney, and you guys think
for six months?
MR. WOODWARD: For six months to get the Site
June 23, 2022
Page 40
Improvement Plan completed and submitted and approved by the
county. At some point we would expect to have permits issued.
We believe the six months to have the permits in hand is sufficient.
But it's -- once the permits are issued, we're not going to have -- the
dock builder will then have to come in and, obviously, do the demo
work, rebuild the dock. We'll have to have the fire stand pipe
system completed and installed. I know there's going to be
additional work county required on the landward side and perhaps
some landscaping and irrigation --
(Simultaneous crosstalk.)
CHAIRMAN KAUFMAN: Let me ask you one question.
Jeff, when all the permits are issued, would you consider this
thing in compliance at that time?
MR. LETOURNEAU: No. We'd consider it when
everything's inspected and the completions are done on these
particular permits.
CHAIRMAN KAUFMAN: Okay. So let me rephrase the
question I asked earlier. When do you think that would be done?
Because granting a continuance right now that only brings you part of
the way is kind of a waste of time. You have a suggestion, well, this
isn't a new case, so...
MR. BLANCO: I'll make a motion to continue the case till our
January 2023 hearing, whenever that is.
CHAIRMAN KAUFMAN: That's in January of 2023.
MR. BLANCO: Yes.
MR. LETOURNEAU: Hopefully it's not the first.
MR. FUENTES: Why that month?
MR. BLANCO: You know, they're going to need at least
another six months. We're in June already. We don't meet in
December. And, you know, you're going to come back here in
November, and then you're going to tell us the exact same thing, that
June 23, 2022
Page 41
you're still working on the plan. So complete everything, and then
you come back in January, and then hopefully by then you'll have a
permit, and then you will come back and tell us we expect to have the
actual work done in six, seven, eight months or whatever, and then
this board would have to consider that petition at that time.
CHAIRMAN KAUFMAN: Okay. So that's your motion?
MR. BLANCO: Yes, sir.
CHAIRMAN KAUFMAN: Okay. I second your motion.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: Okay. Any discussion on the
motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Okay. We're all set. You're good
until January, so hopefully Santa will bring you a new dock.
MR. WOODWARD: Thank you, sir.
MR. JOHNSON: Thank you.
MS. BUCHILLON: Next case, No. 4, CESD20200000492,
Jose Martinez Hidalgo and Oneyda Maria Diaz.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MUCHA: I do.
June 23, 2022
Page 42
MR. MARTINEZ: I do.
CHAIRMAN KAUFMAN: Can you state your name on the
microphone for us, please.
MR. MARTINEZ: Jose Martinez.
CHAIRMAN KAUFMAN: Okay.
Joe, good morning.
MR. MUCHA: Good morning. For the record, Joe Mucha,
supervisor, Collier County Code Enforcement.
Past orders: On August 28th, 2020, the Code Enforcement
Board issued a finding of fact, conclusion of law and order.
Respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR5817, Page 3113, for more information.
On July 22nd, 2021, the Code Enforcement Board granted a
continuance. See the attached order of the Board in Documents and
Images for more information.
Violation has been abated as of May 5th, 2022.
Fines and costs to date are as follows: Fines have accrued at a
rate of $200 per day for the period from February 25th, 2021, to
May 5th, 2022, for 435 days, for a total fine amount of $87,000.
Previously assessed operational costs of $59.28 have been paid.
Operational costs for today's hearing is $59.56, for a total fine
amount of $87,059.56.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. MARTINEZ: I want to thank you for letting me to finish
with my problems. I'm sorry, my English no good.
CHAIRMAN KAUFMAN: Your English is fine.
MR. MARTINEZ: So everything is done. Till now, I don't
have any more problem. So I say thanks again, because I did
everything you tell me to do.
MR. MUCHA: Sir, if I could just weigh in on one thing.
June 23, 2022
Page 43
CHAIRMAN KAUFMAN: Sure, please.
MR. MUCHA: I think one of the reasons why it took a little bit
longer, for the addition they were looking at trying to permit the
addition, and it took quite a while, and it didn't work out, so they
eventually just demolished the addition. That's how this thing fully
came into compliance. As far as the expired roof permit and the
expired fence permit, they got that taken care of, and there was a shed
there. They removed that. So, I mean, honestly, this fine amount
doesn't fit the crime, so to speak. I mean, they really don't have
nothing left to show for it other than finishing those expired permits.
But the shed's gone. The addition's gone.
MR. BLANCO: I'll make a motion to -- I'm sorry,
Mr. Chairman.
CHAIRMAN KAUFMAN: Go ahead.
MR. BLANCO: I'll make a motion to deny the county's request
for imposition of fines.
CHAIRMAN KAUFMAN: Okay.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: And we have a second.
MS. RUIZ: Second.
CHAIRMAN KAUFMAN: All those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: (Absent.)
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. One nay.
Okay. Thank you, sir.
June 23, 2022
Page 44
MR. MARTINEZ: Thank you.
MS. BUCHILLON: Next case, No. 10, CESD20180002262,
CTPML, LLC.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. PEREZ: I do.
MR. CURRY: I do.
CHAIRMAN KAUFMAN: Okay. Give me a minute. Good
morning.
MR. CURRY: Good morning.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MR. CURRY: Yes, Richard Curry.
CHAIRMAN KAUFMAN: Okay. And you are affiliated with
CTPML, LLC?
MR. CURRY: Yeah. I'm the property manager.
CHAIRMAN KAUFMAN: The property manager, and you
have their permission to --
MR. CURRY: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Cristine.
MR. PERRY: Good morning. For the record, Cristina Perez,
Collier County Code Enforcement.
This is in reference to Case No. CESD20180002262.
Violations: Collier County Land Development Code 04-41 as
amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e).
Location: 213 and 216 Airport Road South in Naples, Florida.
Folio No. 00384600003.
Description was interior alterations commenced prior to
obtaining proper Collier County permits.
Past orders: On April 26th, 2019, the Code Enforcement Board
June 23, 2022
Page 45
issued a findings of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR5629, Page 1379, for more information.
On November 22nd, 2019, the Board granted a continuance for
90 days. See the attached order of the Board in Documents and
Images for more information.
The violation has been abated as of May 12th, 2022.
Fines have accrued at the rate of $200 per day for the period
from October 24, 2019, to May 12, 2020, 932 days, for a total fine
amount of $186,400. Previously assessed operational costs of
$59.98 and $59.35 have been paid. Operational costs for today's
hearing is $59.56.
The total fine amount is $186,459.56.
CHAIRMAN KAUFMAN: Okay. This looks like interior
alterations were started in -- I don't know when they were started, but
they were cited in April of 2019, if I'm not correct.
MS. PEREZ: Yeah. The case itself was initiated in February
of 2018, and the notice of violation was issued mid February.
CHAIRMAN KAUFMAN: So four years almost.
Okay, sir.
MR. CURRY: Do you want a brief synopsis? We -- CTPLM
bought the office plaza in 2017, in March of '17, and several months
later, post Irma, one of the buildings were torn down with proper
demo permit. We relocated two of the tenants within the plaza.
One of those units required some drywall repair, which we did not
realizing we needed a permit for the 12 inches of drywall at the
bottom of the wall. The other one we just did interior framing to put
the office back to its original state.
Once we received notifications of the violations, we went to the
county to -- you know, we hired a contractor to pull the proper
June 23, 2022
Page 46
permits to follow every step. And lo and behold, there were no
drawings, no permits, no anything ever pulled except for the original
construction, which dated back to 1985, I believe.
So had to hire an engineer, do the engineer drawings, pull every
permit for, you know, electrical and plumbing and HVAC and all of
those steps and processes and permits being, you know, declined, and
then we had to, of course, bring everything into compliance.
Let's see. Unit No. 213, we were issued our certificate of
completion on that September of last year, and then we failed a fire
inspection on the other unit, and we had to order a fire door, a metal
fire door. Unbeknownst to us our other one was not compliant.
Our contractor notified us that it was on back order. It arrived in
May of this year. As soon as we received it, we installed it.
Immediately called for inspection, passed, and closed.
So everything is up to code. We are in total compliance now.
So that's what brings us here today.
CHAIRMAN KAUFMAN: Okay. Cristine, do you have any
comments on this case?
MS. PEREZ: No. In looking at the history of the permits
there -- it's as Mr. Richard stated, there are -- they did submit for the
permits. There was rejections, revisions, and so on until the permit
was issued. And both of them have received -- one of them received
the final certificate of occupancy September 2nd, 2021, and the other
one received it on May 12th, 2022.
CHAIRMAN KAUFMAN: So as far as the county's
concerned, they've been working with the county during this whole
period of time to bring everything into compliance?
MS. PEREZ: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MR. AYASUN: Mr. Chairman, I'll make a motion to reduce
the fines being imposed to $3,000 plus today's operational costs of
June 23, 2022
Page 47
59.56.
MR. FUENTES: I second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. RUBENSTEIN: Nay.
MR. WHITE: Mr. Chairman?
CHAIRMAN KAUFMAN: Yes, Lee.
MR. WHITE: Mr. Chairman, it's Mr. White.
CHAIRMAN KAUFMAN: Oh, Mr. White.
MR. WHITE: Would there be a time frame by which those
would need to be paid?
CHAIRMAN KAUFMAN: Okay.
MR. AYASUN: Twenty-five days.
CHAIRMAN KAUFMAN: So the $3,059.56 to be paid within
25 days; is that your understanding, motion maker?
MR. BLANCO: Yes.
CHAIRMAN KAUFMAN: Okay. And the second agrees?
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: Second agrees. Our attorney, do
you agree? He doesn't get to vote anyhow. It doesn't matter.
MR. WHITE: It's your discretion. The form of the motion is
proper.
CHAIRMAN KAUFMAN: Okay. All those in favor?
MS. RUIZ: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
June 23, 2022
Page 48
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. One nay. Motion carries.
MS. BUCHILLON: Next case, No. 11, CECD20180006559,
Anthony J. Baldoni and Dana S. Baldoni.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MIGAL: I do.
MR. BALDONI: I do.
CHAIRMAN KAUFMAN: Okay. If you could, could you
state your name on the microphone for us, please.
MR. BALDONI: Anthony Baldoni.
CHAIRMAN KAUFMAN: Okay. Good morning.
MR. MIGAL: Good morning. For the record, Rick Migal,
Collier County Code Enforcement.
On March 28th, 2019, the Code Enforcement Board issued a
finding of fact, conclusion of law and order. The respondent was
found in violation of the referenced ordinances and ordered to correct
the violation. See the attached order of the Board, Ordinance 5618,
Page 1645, for more information.
On March 25th, 2021, the Board granted a continuance until the
June 23rd, 2022, hearing. See the attached order of the Board in
Documents and Images for more information.
The violation has been abated as of June 8th, 2022.
Fines and costs to date are as follows: Fines have accrued at a
rate of $50 per day for the period from October 15th, 2019, to
June 8th, 2022, or 968 days, for a total fine amount of $48,400.
Previously assessed operational costs of $59.56 have been paid.
Operational costs for today's hearing is $59.42. Total amount:
$48,459.42.
CHAIRMAN KAUFMAN: Okay. Sir?
June 23, 2022
Page 49
MR. BALDONI: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MR. BALDONI: So as you are aware, I hired an unscrupulous
contractor back in 2018. Started to do a small renovation that put a
spa into my pool, which was previously a waterfall, and signed all the
papers. Went on vacation. Came back to a shutdown. And the
county had shut it down. He never pulled the permit as he was paid
to do.
So I went down to the county to figure out what was going on.
I met with quite a few people, and I was given a card of Mr. Ortega.
He used to be on this board. And I hired him to help me navigate
this difficult process of going back and getting the permit.
And Mr. Ortega came to my house, did the initial evaluation,
took the fee of $4,000, and then nothing from that time but postpone
me, postpone Dee Pulse, and give me the runaround, and all I kept on
asking him to do is, what are our next steps? What do I have to do
next? I don't know.
Don't worry. I got it. We'll take care of it, was what I got back
over and over, even emailing Dee Pulse at the time, copying me,
calling her saying, don't worry, I have it.
Meanwhile I keep telling him, the fines are going up. I'm
getting nervous. What do I have to do? And after the process, of
course, COVID hit, and he just disappeared. And then I found out
later that he's removed from the Board, and his operations are now
defunct.
So, no, I ask the Board for leniency because I did try to do the
right thing. I did hire somebody who was helping me
navigate -- supposed to help me navigate and led me astray. And
every single time I tried to corner him and threaten him or whatever I
had to do to motivate what I had to do next, all I got back was, I got
it, don't worry about it, I'm taking care of it.
June 23, 2022
Page 50
So it gets me to this point here where finally after he went out of
business I called around, did a lot of research, found a company
called Elite Permits, who I paid a very high fee to come in and help
me navigate the process. I wish I had gotten them first. I would
have saved myself a lot of time and aggravation. I'm sure the county
can attest along the way I was in compliance with everything I
possibly could. I would call Dee regularly. She would call me, and
I would tell her what's going on. She would then talk with Herminio
as well.
So, once again, I ask for leniency. I did do as much as I could
do at the time to get him to be motivated to help me get through this
process.
CHAIRMAN KAUFMAN: Okay. Any questions, comments
from the Board?
(No response.)
CHAIRMAN KAUFMAN: As far as you're concerned, the
respondent has been in touch with the county this whole period of
time?
MR. MIGAL: Well documented.
CHAIRMAN KAUFMAN: Okay. Okay. Anybody want to
make a motion?
MR. RUBENSTEIN: I'll make a motion.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: That the total fine be reduced to $5,000,
that all violations have been abated, including the cost of today's
59.42.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do
we have a second?
MS. RUIZ: I'll second that.
CHAIRMAN KAUFMAN: Okay. We have a second. Any
discussion on the motion?
June 23, 2022
Page 51
MR. FUENTES: I do.
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: I think 5,000 is a little steep. He just -- this
gentleman just explained some of the hardships from a prior board
member that we know that is not currently in the service that he in
before, so, you know, he's no longer in that business for a reason.
To hit this gentleman with $5,000 plus operational costs, that
is -- that is a steep amount, steep, considering that we just had a
member of an HOA here, president of an HOA just walk out with
three grand for over 180,000.
MR. RUBENSTEIN: And I voted against that. I didn't think
that was proper, so...
CHAIRMAN KAUFMAN: Okay, okay. So one comment
is --
MR. WHITE: Mr. Chairman?
CHAIRMAN KAUFMAN: Yes.
MR. WHITE: Mr. Chairman, consistent with our discussion
last month, your rules of procedure in Article 10 under Section 3,
parentheses small G, requires you to weigh evidence regarding any
hardship the fine or lien would cause on the respondent. So I would
ask you or one of the other board members to inquire of the
respondent as to the nature of any hardship the fine or lien would
cause the gentleman.
CHAIRMAN KAUFMAN: Okay.
MR. WHITE: So in order for you to fully consider all the
factors.
MR. FUENTES: Why don't you inform us on the hardships
that perhaps this lien could cause you.
MR. BALDONI: Well, I'm already $10,000 in debt from the
process to where I'm at right now because my wife is not working,
laid off since COVID, still trying to find employment back in her
June 23, 2022
Page 52
field. And, you know, as of right now, I have at least $18,000 in
debt total. So it's going to put hardship on me of making my
mortgage payment and my car payment and put me even further
behind. So I ask the Board to have leniency on that in the fact that I
was compliant as much as I could be. I was in communication
constantly with Dee trying to get this resolved and, you know, that it
was something that I wasn't just ignoring. I was on top of it and
working as diligently as I could at the time, not knowing what I didn't
know, that there were other avenues, but being rest assured that it was
being taken care of.
So I was led astray because I didn't know the process. I
apologize for that, my ignorance, but this would create tremendous
hardship upon me and my family.
MR. FUENTES: Why don't you go ahead and -- he made a
motion. Let's rule on it.
CHAIRMAN KAUFMAN: Okay. Let me just -- before we
rule on the motion, is there anything that you want to change on the
motion based on --
MR. RUBENSTEIN: No.
CHAIRMAN KAUFMAN: Okay. So we have a motion and
we have a second. All those in favor?
MR. RUBENSTEIN: Aye.
MS. RUIZ: Aye.
CHAIRMAN KAUFMAN: Those opposed?
Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
Okay. Motion fails. Would someone like to --
MR. RUBENSTEIN: I'll restate.
CHAIRMAN KAUFMAN: Okay.
June 23, 2022
Page 53
MR. RUBENSTEIN: I'd like to make a motion to reduce the
fine from 48,000 to 4,000 including today's costs.
CHAIRMAN KAUFMAN: Okay. Do we have a second?
(No response.)
CHAIRMAN KAUFMAN: Hearing none.
MR. FUENTES: I'd like to make a motion.
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: I'd like to make a motion that the respondent
pay the $59.42 for today's hearing and pays the -- reduce the fine to
$500, and that would be my motion.
CHAIRMAN KAUFMAN: Okay.
MR. BLANCO: I'll second.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
MR. WHITE: Time frame, Mr. Chairman?
CHAIRMAN KAUFMAN: Yes.
MR. WHITE: Time frame, Mr. Chairman. You need a time
frame for having it paid.
MR. FUENTES: Twenty-five days to pay the amount, so the
total would be $559.42.
CHAIRMAN KAUFMAN: Okay. We have a motion. It's
been seconded. Any discussion on this motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. RUIZ: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. RUBENSTEIN: Nay.
June 23, 2022
Page 54
CHAIRMAN KAUFMAN: One nay.
MR. BALDONI: Thank you so much. I appreciate it.
MS. BUCHILLON: Next case, No. 12, CESD20200007975,
Jessica Doyle and Marc C. Berry.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. BERRY: I do.
MS. PEREZ: Yes, I do.
CHAIRMAN KAUFMAN: Okay. Could you state your name
on the microphone for us.
MR. BERRY: Marc Berry.
CHAIRMAN KAUFMAN: Okay. Cristina, you want to read
this into the record for us?
MS. PEREZ: Yes, sir. Good morning. Collier County Code
Enforcement supervisor, Cristina Perez.
This is in reference to Case No. CESD20200007975.
Violation: Florida Building Code, 6th edition, 2017, Chapter 4,
Section 454.2.17, and Collier County Land Development Code
04-41, as amended, Sections 10.02.06(B)(1)(a) and
10.02.06(B)(1)(e)(i).
Location: 3180 63rd Street Southwest in Naples, Florida.
Folio No. 38160200000.
Description: A pool being built without a permit and barrier
around it.
Past orders: On August 27, 2021, the Code Enforcement Board
issued a findings of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6017, Page 211, for more information.
On March 24, 2022, the Board granted a continuance until
June 23, 2022
Page 55
May 26, 2022. See Documents and Images for more information.
The violation has not been abated as of June 23rd, 2022.
Fines have accrued at the rate of $150 per day for the period
from December 26th, 2021, to June 23rd, 2022, 180 days, for a total
fine amount of 27,000.
Previously assessed operational costs of $59.28 and $59.42 have
been paid. Operational costs for today's hearing is $59.56 for a total
fine amount of $27,059.56.
CHAIRMAN KAUFMAN: Okay. Good morning, again.
MR. BERRY: Hi. How is everybody?
CHAIRMAN KAUFMAN: Okay.
MR. BERRY: So I was here on the 24th, my birthday. The
day after I went down to the county building, and I spoke to, like,
five gentlemen, and they told me I had two more things to do.
I went home, did -- I made an electrical plan, and I did an
electrical assessment for my -- because they thought the lazy river
would outpower -- I didn't have enough capacity on my home. But I
submitted that and did the site plan, because they thought I was
running too close to my sightline. I have 150 feet on there, you
know -- because the pool is basically directly behind the house. As a
matter of fact, you can't even see the pool from the front of the -- in
front of the house.
But anyway, so I submitted all of this, and then I sent a letter -- I
had a problem with UV. I fixed that, but I had told the inspectors
about the UV problem I was having. Hopefully, you know, they
would say, well, you know, just do this, and you fix that. But I fixed
it anyway. In that letter, I get all over again an entire list of things
that need to be done again that's new and that I previously done
already.
So I'm getting to the -- I'm frustrated, and I'm getting to the point
to where I told the wife, I said, honey, why don't I just dismantle it?
June 23, 2022
Page 56
And she said, oh, no, you're not going to waste my $20,000.
And I said, well, I'm getting in the situation where obviously
somebody there doesn't want me to have this, so I don't have a way
forward. I mean, the fence is fixed. That's been there for three
months. I've got to pick the permit up. Okay. I did that. That's
been done for a long time, but this pool, I can't get it permitted.
MR. FUENTES: Just to just ask real quick, you haven't hired
anybody else to help you with this permit process?
MR. BERRY: I have not.
MR. FUENTES: You are still trying to do this on your own?
MR. BERRY: Yes. And, obviously, that can't -- obviously,
it's not going to happen. I mean -- I mean, it should be -- I am a
homeowner. This is my property. I should be able to do it myself.
But, obviously, an electrical engineer can't do it. So, good luck,
people.
This is -- this is where I'm at. And so I'm getting to the point to
where if the committee grants me more time, I told the wife I'm going
to put my foot down this time. If I don't get this done in the next 60
days, 90 days, whatever, just -- I'm going to -- I'm going to dismantle
it, and I'm going to just dismantle it, because I'm fed up now.
I've been up here 20 times with you guys going over the
same -- and, yes, there's been progress, but three steps forward. I got
it down to two. I was smiling, and now we're back to this whole
long list again.
MR. FUENTES: You may need to consider hiring someone
who specializes in that. You are an electrical engineer, not
somebody who's a master in permits.
CHAIRMAN KAUFMAN: Have you spoken with Renald
Paul?
MR. BERRY: Yes.
CHAIRMAN KAUFMAN: And?
June 23, 2022
Page 57
MR. BERRY: And two things. Electrical -- electrical capacity
and a site plan. Both I done. And then I submit them and then I -- I
send a corrections letter saying that you know the work is all done.
The pool is literally ready to rock and roll, okay. The fence is done.
The fence has been, you know, done for quite some time. And then I
submitted the -- again, the UV problem, which I've corrected. But I
sent in and said, you know, the work is done. Everything you had,
the pool is compliant, and all this, and then I send it to the inspectors,
and then the next day, literally the next day I got a long list of, oh,
yeah, by the way -- for instance, where is the location of your
skimmer? It's a pool. The skimmer's in the place where it's
supposed to be.
Oh, by the way, your -- where's the location of your jets? Oh,
yeah, it's on the print that you already submitted. Oh, yeah, how big
is your -- your sand filter for the pool? Yeah, we have a freshwater
code.
I said I'm aware of that and, guess what, the pool is only 10,000
gallons, and I have one that's 24,000 gallons to clean the water.
Oh, yeah, what about the drain for the pool? Oh, yeah, I have
one, I have a big one. I have a three-inch drain. I could drain the
water in three hours. So, I mean, I'm frustrated.
CHAIRMAN KAUFMAN: It sounds like you're frustrated, I
agree.
MR. BERRY: And I'm sorry, but what I'm scared of
now -- because I can't afford it. I'm hearing these fines being levied.
I've wasted -- and this is the thing, see, I -- please don't take this -- it's
not personal. It's not against you guys. You guys got a job to do.
But you have to understand that if this fails, my wife -- I wasted
20 -- probably 25 now -- $25,000.
So if the Board is nice enough to grant me another 90 days, I'm
going to ask for one additional month, because you know what I'm
June 23, 2022
Page 58
going to do in that one month? I'm going to tear -- I'm going to
dismantled it all, and it's going to be a nice RC car track.
MR. BLANCO: I don't want to add anything else to your
frustration, but if you do decide to go down that road, you're going to
need a demo permit.
MR. AYASUN: Demo permit.
MR. BERRY: Wait, wait, wait. To tear down an
above-ground pool?
MR. BLANCO: Oh, I don't know about that.
MR. BERRY: Yeah, it's an aboveground pool.
MR. LETOURNEAU: Well, for the record, Jeff Letourneau,
Collier County Code Enforcement. Obviously there's electrical
issues that they'd want to see capped off correctly if he did go the
demolition route.
MR. BERRY: Well, yeah. I'd just pull the breakers and take
the line off the side of the house. That's -- again, that's the easy part.
MR. BLANCO: What he's saying is that you're going to need a
permit.
MR. BERRY: Oh, I need a permit for that, too?
MR. BLANCO: Yes.
MR. BERRY: Jesus Christ.
MR. FUENTES: I like the shirt. It says, "The price is wrong."
MR. BERRY: Thank you.
MR. LETOURNEAU: And, Mr. Chairman, once again, I'd like
to point out that this could have been avoided --
MR. BERRY: Well --
MR. LETOURNEAU: -- if you would have pulled a permit
before you put the pool in. So to bash the county after the fact --
MR. BERRY: No, no. I've got to stop you right there. In the
code it says that groundwork has to be done in 30 days. So picture
me with a shovel doing groundwork for 30 days.
June 23, 2022
Page 59
MR. LETOURNEAU: Was there a permit issued at that point?
MR. BERRY: Good luck, good luck, good luck. So I couldn't
do the permit first and have the groundwork done within that permit
time?
MR. FUENTES: Of course, you could have.
MR. BERRY: Okay. According to someone who's never built
anything. Gotcha.
CHAIRMAN KAUFMAN: Okay. Without anybody picking
on anybody, what I don't understand is if the respondent has gone to
Renald Paul and that discussion has taken place and it was narrowed
down, he generally has the ability to get things resolved rather
quickly.
MR. BERRY: It's almost like one side of the brain is not
talking to the other side of the brain. I mean, I've emailed these
people. I mean, it's just -- it's just -- it's just very frustrating.
MR. FUENTES: I think you need to hire somebody to help you
with this.
MR. BERRY: I've built other projects, okay. It happened not
here in Collier County but in other places I've lived. I'm a retirement
from the Chrysler Corporation, and I've built other projects, done
other things. I have never had this type problem.
MS. PEREZ: Chairman, if I may, some of the -- in reviewing
the correction letters, there are corrections in the last -- there's three
correction letters. The last correction letter was issued on June 7th,
2022. Some of the comments in there refer to the corrections that
were requested in Letter No. 2. That was issued in -- I think that
was -- the second correction letter was issued in April 6th. So it's
saying go back and give us the corrections that we requested last
time.
So even though he's made progress -- like, the electrical that he's
speaking about, that's no longer an issue in the last corrections, so
June 23, 2022
Page 60
that was addressed. But it's still referring to some of the other
corrections. So it's just a matter of taking this correction letter and
responding to every single comment that is on there until it's no
longer an issue.
CHAIRMAN KAUFMAN: Do you think that might take 60 to
90 days?
MS. PEREZ: I would say, because then he has to still get the
permit issued. He has a barrier on the property. He applied for the
permit, he installed the barrier within the time frame that the Board
requested of him. The issue is that it's been ready since April 26th,
2022, to be issued, and he has not picked it up. It's ready for
issuance. So that's one thing that can be done fairly quickly, for him
to come and pick up that fence permit.
Additionally, you know, he has to call in all these inspections.
He has to call in the inspections once the permit is issued.
MR. BERRY: No problem. No problem. No problem. I'm
glad the fence -- because, again, the fence has been ready -- as soon
as you guys requested me to put up a barrier, I get right on it.
MR. FUENTES: With a shovel for 30 days?
MR. BERRY: Boy, that was hell. That was hell. In this
Florida heat.
MR. RUBENSTEIN: Can I ask you a question?
MR. BERRY: Yes.
MR. RUBENSTEIN: Does your pool have water in it?
MR. BERRY: It has a very -- it's not swimmable at the
moment because I didn't know how this was going to go, so I
stopped.
I said, what's wrong, Marc?
MR. RUBENSTEIN: Is there a filter and a pump operational?
MR. BERRY: Oh, yeah. It's all -- the pool is done, okay.
I've done followed all the code, done everything they've asked me to.
June 23, 2022
Page 61
It's literally done. All I have to do is try -- I can't -- I've got to get a
permit to have people come out and inspect it so then they can say
nay or yay. Then we can move forward. But I can't get to that
point.
MR. FUENTES: I'll tell you how I feel. I feel personally that
you seem like the type of guy who just wants to do it himself, and
that's a good thing. That's a good thing.
MR. BERRY: You're right.
MR. FUENTES: But I think you do need help. And this has
been on for quite some time.
MR. BERRY: Yes.
MR. FUENTES: I personally feel that we should probably
impose these fines for the simple fact that you're not seeking help
with certain other professionals that may specialize in this field.
You're still trying to do it on your own, and you're back again and
again and again. And I love to see your face, but I'm -- you know,
it's getting a little boring now.
So that's how I personally feel.
MR. BERRY: Okay.
MR. FUENTES: I just feel that --
CHAIRMAN KAUFMAN: I don't disagree with you. I mean,
this -- there's always the last time is the last time. I know you went
to see Renald Paul. If there were two issues -- it doesn't sound like
there were two issues. According to Cristine, it sounds like there are
many more that the inspections haven't been done; is that correct?
MS. PEREZ: The corrections need to be -- we haven't even
gotten a permit issued. So at this point the county's still reviewing
the site plans and the documentation that he's providing. So until,
you know, all these comments and corrections are made on the
paperwork that he's submitting, we don't have an issued permit.
MR. BERRY: Which means I can't get it looked at.
June 23, 2022
Page 62
CHAIRMAN KAUFMAN: Well, if -- the way permitting
works is you pull a permit, and then there are a list of inspections that
need to be done --
MR. BERRY: Right.
CHAIRMAN KAUFMAN: -- on that permit.
MR. BERRY: Correct.
CHAIRMAN KAUFMAN: If you don't have the permit --
MR. BERRY: Correct.
CHAIRMAN KAUFMAN: -- then they can't do the
inspections.
MR. BERRY: Correct.
CHAIRMAN KAUFMAN: So you're between a rock and a
hard place.
MR. BERRY: Yes.
CHAIRMAN KAUFMAN: So what is keeping you from
pulling the permit?
MR. BERRY: So the corrections have to be done before they
give me the permit.
CHAIRMAN KAUFMAN: Okay.
MR. BERRY: I've done all the corrections. I've stated that in
the corrections letter.
CHAIRMAN KAUFMAN: And does the county agree with
your explanations on those items, or have they not seen them?
MS. PEREZ: No, they've seen them. So, for example, there
was a recommendation on the second --
MR. LETOURNEAU: We have them available if you want me
to put them up on the screen, the corrections letters.
CHAIRMAN KAUFMAN: I don't really think it's necessary,
Jeff, and I couldn't read it if you did, so...
MS. PEREZ: Yeah. It's just -- from the comments that I'm
reading, it's as if he has not submitted those corrections. Like,
June 23, 2022
Page 63
there's one that says, please provide the certified plan. That was
originally what was requested. So they're asking for certified plans.
They're asking for -- the barrier, for example, the permit's ready for
issuance. He just needs to get it issued and inspected so that it's part
of this permit, you know, it's approved part of this review.
MR. BERRY: So I need to get the pool -- the barrier done
first?
MS. PEREZ: There's several things that have to get done, but
one of the new comments that is placed on here is it refers to the
barrier, the safety barrier. There's discussion about filters,
foundation, enclosures, pressure test. So there's -- I mean, I could
give you this copy before you leave.
CHAIRMAN KAUFMAN: We asked that you put the barrier
up immediately, immediately.
MS. PEREZ: Which he did.
CHAIRMAN KAUFMAN: Hold on, and I understand you
telling me that it's done, but the county doesn't know it's done until
they approve the permit on the barrier.
MR. BERRY: Okay.
CHAIRMAN KAUFMAN: Do you understand?
MR. BERRY: Yes, sir.
CHAIRMAN KAUFMAN: So that's the frustration we have.
Some of these things, you're trying to shovel it uphill, and it doesn't
work that way. You have to follow the -- like it or not, the rules.
MR. BERRY: I don't mind that. I just -- if I went to the
county board and they said, well, do this first, then do this, then do
this, then do this, I would say, okay, no problem. But when you go
there, you get -- you get nonsense. You get this over here, this over
here. Nothing's set up for a person -- and I said this before -- for a
person doing a job on their own. They expect you to know how the
county works.
June 23, 2022
Page 64
CHAIRMAN KAUFMAN: Many people do the jobs on their
own, and they have no problem. You seem to be --
MR. BERRY: Not as complicated as what I'm doing, sorry.
CHAIRMAN KAUFMAN: You seem to be having a problem
on this particular project --
MR. BERRY: Yes, sir.
CHAIRMAN KAUFMAN: -- in getting it done.
MR. BERRY: Yes, sir.
CHAIRMAN KAUFMAN: I go back to what John said -- and I
agree with him. I think if you said, you know what, I'm going to go
out and I'm going to hire someone who does permitting and get this
thing all resolved within X amount of time frame. Since most of the
work has been done already, it shouldn't be a big deal. But to keep
on saying I did this, I did that when they have no record that it's done,
that causes the problem. I mean, I feel for you.
MR. BERRY: But how do I get it done if they won't give me a
permit to have someone come out and look?
CHAIRMAN KAUFMAN: I go back to what John said. If
you hired a professional to do it --
MR. BERRY: Yeah, okay.
CHAIRMAN KAUFMAN: -- that might resolve your problem.
MR. BERRY: Okay.
MS. RUIZ: Yes, I wanted to ask the gentleman.
MR. BERRY: Yes, ma'am.
MS. RUIZ: Do you have a process number from the county?
MR. BERRY: A process --
MS. RUIZ: To be able to get inspections.
MR. BERRY: Yes. No, because I haven't gotten to that point
yet. They want the corrections finished first.
MS. RUIZ: Why not?
MR. LETOURNEAU: The permit isn't issued yet. He's still
June 23, 2022
Page 65
going through the corrections of the permit submittal. Once the
permit is issued, then he can get his inspections.
MR. FUENTES: And, unfortunately, this goes back to what
county --
(Simultaneous crosstalk.)
MS. RUIZ: What about private inspections?
MR. FUENTES: There's just no --
(Simultaneous crosstalk.)
MS. PEREZ: We're in the application process.
MS. RUIZ: Private inspection, private engineer that inspects --
MR. LETOURNEAU: No, they're not going to do that. That
would be a permit by affidavit. He built this structure, so the
building official's not going to allow him to go that route right there.
He's going to have to get a regular permit and do the right thing.
MR. BERRY: That is true. He's right about that. I did look
into that.
MR. BLANCO: Mr. Doyle [sic].
MS. RUIZ: Then I have to agree with Mr. Chairman. He has
to get somebody that --
CHAIRMAN KAUFMAN: Yeah.
MR. BLANCO: Mr. Berry.
MR. BERRY: Who is that speaking?
MR. BLANCO: Right here, sir. Even if you don't want to do
the work -- even if you don't want to go ahead and hire a pool
contractor to go ahead and -- you want to do the work yourself, I
understand that -- there's people out there that specialize on just the
permitting process of it.
MR. BERRY: Okay.
MR. BLANCO: And relatively low fees, you can look up one
of those companies and just hire someone to guide you through the
permitting process. They'll draft rejection -- corrections letters for
June 23, 2022
Page 66
you, they'll submit it to the county on your behalf, and they'll help
you go through that process --
MR. BERRY: Okay.
MR. BLANCO: -- you know, if you want to continue to do the
work yourself.
MR. BERRY: You know what? I'm going to get in trouble for
this, but I think it's time for me to put my hands up and just say, I'm
going to -- I'm going to dismantle it, because it's not worth -- it's not
worth all of this. It's just a pool.
MR. BLANCO: You asked for 60 days. You said you were
going to make a decision if you couldn't get something final in 30
days, and I believe if you seek professional help and with Renald
Paul of the county -- I know him personally. I've worked with him
myself on private projects, and I can assure you that he will do
everything humanly possible to make sure that you get it done.
I think if you do that in 30 days, you're going to come back with
a permit. You just need professional guidance. That it's -- and John
stated that. The Chairman stated that as well. You do.
It's -- building a pool, that's a complicated process. I'm going
through that myself, and I can assure you there's a lot of things that
go into that.
So that would be my recommendation. I would, you know,
recommend to the Board that -- actually, I'll make a motion to
continue this case for 60 days, and I strongly suggest that you make a
decision within that time frame.
MR. BERRY: Thank you, sir. And I'm going to say this: I'm
going to contact somebody, and I'm to give him 30 days. If it doesn't
get done in 30 days, I'm going to remove it, because I can't keep
coming -- doing this.
MR. BLANCO: Remember, make sure -- you need a demo
permit. Don't go ahead and just --
June 23, 2022
Page 67
MR. BERRY: It's an above-ground pool. It's like an intake
pool.
MR. FUENTES: If there's electrical, you need a demo.
MR. BERRY: Oh, thank you. Thank you. Why can't I get
like that? You know what I --
(Simultaneous crosstalk.)
MR. BERRY: Okay. That's what I'm talking about. That's
direct. I understand direct, not --
CHAIRMAN KAUFMAN: Okay.
MR. AYASUN: I second the motion.
CHAIRMAN KAUFMAN: We have a motion, and we have a
second to grant --
MR. RUBENSTEIN: Can we restate the motion, please. How
many days?
CHAIRMAN KAUFMAN: Sixty days.
MR. AYASUN: Sixty days.
CHAIRMAN KAUFMAN: Okay. Take the 60 days --
MR. RUBENSTEIN: The fines continue?
CHAIRMAN KAUFMAN: Yes, that's a continuance. It
continues. You can't -- if it's not been abated, fines continue.
Get yourself one of these contractors. I'm sure Renald Paul can
point you in the direction. He deals with these people all the time.
You can get it resolved, and you can be splashing around in your pool
for August, I'm sure.
So we have a motion and a second. All those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
June 23, 2022
Page 68
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You've got 60 days.
MR. BERRY: Thank you for your time.
CHAIRMAN KAUFMAN: Okay. And don't be doing the
wiring while you're in the pool.
MS. BUCHILLON: Next case, No. 13, CESD20200002257,
Brendan F. Hickey.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MIGAL: I do.
MR. HICKEY: I do.
MS. GIGUERE: I do.
CHAIRMAN KAUFMAN: Can you state your name on the
microphone for us, please.
MS. GIGUERE: Yes, Mr. Chair. It's Vicki Giguere,
G-i-g-u-e-r-e, and this is the property owner.
MR. HICKEY: Brendan Hickey.
CHAIRMAN KAUFMAN: Okay. One of our former
alumnus.
Let me just read -- I hear -- I see a letter from Mr. Hickey. I'd
like to have a chance to read it.
Okay. Rick, do you want to read the order into the record for
us?
MR. MIGAL: For the record, Rick Migal, Collier County Code
Enforcement.
On April 20th, 2021, the Code Enforcement Board issued a
findings of fact, conclusion of law and order. The respondent was
found in violation of the referenced ordinances and ordered to correct
June 23, 2022
Page 69
the violation. See the attached order of the Board, Ordinance 5947,
Page 1401, for more information.
The violation has been abated as of May 23rd, 2022.
Fines and costs to date are as follows: Fines have been -- have
accrued at the rate of $250 per day for the period from August 21st,
2021, to May 23rd, 2022, or 275 days, for a total fine amount of
$68,750.
Previously assessed operational costs of $59.28 have been paid.
Operational costs for today's hearing, $59.35. Total amount:
$68,809.35.
CHAIRMAN KAUFMAN: Okay. This was -- just on a quick
summary basis -- erected detached structure on improved property.
Can you -- what was that; a dog house? A house?
MR. MIGAL: It was a combination -- well, it was supposed to
be originally a horse shed, and it was too close to the lot -- the
property line, and he had to jump through several hoops to be able to
get it approved. He made some modifications based on
recommendations that -- or requirements by the county. All this
took quite a bit of time back and forth, and it's all been done and
approved.
CHAIRMAN KAUFMAN: Okay. Vicki. Since you're
representing the respondent...
MS. GIGUERE: Yes, absolutely.
Mr. Hickey here built, originally, a horse barn/storage area with
no electric and was not aware that a permit was required. When he
was finished with the structure, the neighbor just so happened to call
Code Enforcement, and waited right until the last nail was put in for
them to file a complaint on this structure.
He found out after having to get four different surveys, which
we all know how long surveyors take, that the permit was
13 feet -- the structure, sorry, was 13 feet within that 100-foot setback
June 23, 2022
Page 70
for livestock purposes.
So after back and forth, Ray Bellows approved the structure so
long as the first stall that was within that little 13 feet was not used
for livestock but could be used as storage, a mower, ATV, et cetera,
that they would approve the structure as it was standing.
And so he went back to apply again, and the front end staff
wasn't made aware and rejected it. And at that point, after a lot of
back and forth, Mr. Hickey hired AUC Consultants and said, please
help me. I'm stuck. I don't know what they want. So we jumped
in. We figured out the zoning issue and how to word it on the permit
in the document so that it would pass. And then it was just a matter
of getting the inspection.
When the building official came out to look at the structure, he
said the structure itself is fine; however, the nails and hinges aren't up
to code. You need more of them. So he had to just make a quick
adjustment, then called it back in. It passed.
And so it was a lengthy process, of course, the case was open,
literally, a week before the entire world shut down with COVID, and
so that's why we were at that time frame.
And so we're here today -- because it was not a
health-and-safety issue. He diligently was doing the work. Hired
someone when he realized he couldn't do it himself, and had
everything permitted. We're asking the Board to waive the fines.
CHAIRMAN KAUFMAN: Okay. Questions, comments,
motions from the Board?
MR. FUENTES: I'll make a motion.
CHAIRMAN KAUFMAN: Okay. I'll make the motion that
he pays the operational costs today of 59.35, and we'll reduce the
fines to $500, in 25 days.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
June 23, 2022
Page 71
Any comments on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. RUIZ: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: One nay. Okay.
So good luck to you.
MS. GIGUERE: Thank you very much.
MR. HICKEY: Thank you very much.
CHAIRMAN KAUFMAN: You should have been here for the
previous case.
MS. GIGUERE: I was here hiding in the back.
CHAIRMAN KAUFMAN: I know you were hiding in the
back there. You can help that -- you could help that individual out,
I'm sure.
MS. GIGUERE: I had a couple looks. Thank you.
CHAIRMAN KAUFMAN: Okay. Terri, you okay?
THE COURT REPORTER: (Nods head.)
MS. BUCHILLON: Next case, No. 6, CELU20200010724,
Greg Carlisle.
CHAIRMAN KAUFMAN: This is Case No. 6 from
imposition?
MS. BUCHILLON: Yes.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
June 23, 2022
Page 72
MR. CATHEY: I do.
MR. CARLISLE: Yes, ma'am.
MS. RIBEIRO: Yes.
THE COURT REPORTER: Your name?
MR. CARLISLE: Greg Carlisle.
MS. RIBEIRO: Silvana Ribeiro, R-i-b-e-i-r-o.
CHAIRMAN KAUFMAN: Give me one minute, please.
Okay. Can both of you state your names on the microphone for
us.
MR. CARLISLE: Greg Carlisle.
MS. RIBEIRO: Silvana Ribeiro, R-i-b-e-i-r-o.
CHAIRMAN KAUFMAN: Okay. Good morning.
MR. CATHEY: Good morning.
CHAIRMAN KAUFMAN: Everybody's been sworn?
THE COURT REPORTER: (Nods head.)
CHAIRMAN KAUFMAN: Would you like to read this into
the record for us?
MR. CATHEY: For the record, Investigator Ryan Cathey,
Collier County Code Enforcement.
Past orders: On January 28th, 2021, the Code Enforcement
Board issued a finding of fact, conclusion of law and order.
Respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR5896, Page 3111, for more information.
On June 23rd, 2021, the Board granted a continuance for 120
days. See Documents and Images for more information.
On January 27th, 2022, the Board granted a continuance for 60
days. See Documents and Images for more information.
The violation has not been abated as of June 23rd, 2022.
Fines have accrued at a rate of $150 per day for the period
April 29th, 2021, to June 23, 2022, 421 days. Total fine amount of
June 23, 2022
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$63,150.
Previous assessed operational costs, $59.28, have been paid.
Operational costs for today are $59.70. Total amount is $63,209.70.
CHAIRMAN KAUFMAN: Okay. Sir? Ma'am?
MR. CARLISLE: Okay. Good morning or afternoon. I've
tried -- we did the -- if you recall, this was concerning 13 containers;
is that correct?
CHAIRMAN KAUFMAN: Yes.
MR. CATHEY: I believe.
MR. CARLISLE: Thirteen containers, RVs, other things. And
it happened because when I was in Puerto Rico, where I live half the
time, I let a friend use the property, and they lined boats up on the
property. And when I came back, it was an eyesore, and so someone
called Code Enforcement. But those containers have been back
there for 20 years without issue, because you couldn't see them.
Nonetheless, I did remove the containers last month, and I
caught -- even before -- in the process -- I couldn't find anybody to
help me. I did this myself, and my assistant can attest to that.
But I relocated the containers, got them out of there, and I did
catch long COVID the week before, and I screwed up. I thought the
Code Enforcement hearing was the Thursday at the end of the month.
I would not even have known it was today if Ryan didn't call me
yesterday. I was in bed. I got out of bed and I -- for the record, I
still have an RV on the property that we tried to move last night.
Somebody stole the ignition switch out of it, and so we were trying to
hot wire it. The guy did not show up this morning that was going to
help me try to relocate it. But I do have that on the property, and
somebody stole the batteries out of a truck that we were using to take
the trash and stuff off the property.
But, for the record, you cannot see anything from the street. I
can have everything taken care of, if you can give me until next -- I
June 23, 2022
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thought it was Thursday; I was going to be done. I do have an issue,
but we -- I think we can hot wire it if we have to, but it would be nice
to be able to get an ignition for it. But that motor home's going to
the auction. So I've made arrangements for it to be picked up.
MR. FUENTES: Just to confirm here, this case has been open
since January 2021 for litter, basically.
MR. CATHEY: Everything's gone except for the two RVs that
were there today and two other vehicles on site. All the litter's gone.
The containers are all gone, so...
MR. CARLISLE: You can't see anything. It's not an eyesore
from the street.
CHAIRMAN KAUFMAN: It's just a violation.
MR. CARLISLE: No, I understand. I understand.
MR. BLANCO: Refresh my mind. Is this the lot that is next
to the gym?
MR. CARLISLE: Yes, sir. And the question, too, is that
is -- that lot, I did sell it to the person -- I sold it -- I developed that
gym 20 years ago, and most of the -- the containers were there
because it was junk, basically. We ended up throwing it out. But
the person that purchased the property in the front, that property's
really just used as a -- I guess it's zoned -- is it zoned residential, or is
it zoned nonconforming?
MR. CATHEY: I would have to confirm.
MR. CARLISLE: I'm not --
CHAIRMAN KAUFMAN: It's all beside the point.
MR. CARLISLE: Okay. I'm going to shut up.
CHAIRMAN KAUFMAN: We're here to impose the fine,
since it's not been abated, or to grant a continuance, because once it
comes into compliance, it's a lot better for you.
MR. CARLISLE: Yes, I understand.
CHAIRMAN KAUFMAN: Okay.
June 23, 2022
Page 75
MR. FUENTES: I'll make a motion.
CHAIRMAN KAUFMAN: Okay. We have a motion.
MR. FUENTES: Motion to impose the fines. I just feel that
this is a really long case.
MR. CARLISLE: I understand.
MR. FUENTES: It's just long. It just feels like if we were to
bend, it doesn't look good on the county. I mean, we can't let a case
like this be for over a year. It just seems ridiculous to me, that's all.
MR. CARLISLE: Right.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do
we have a second?
MR. RUBENSTEIN: I'll second with a question.
CHAIRMAN KAUFMAN: Okay. Question.
MR. RUBENSTEIN: What is the address of this property?
MR. CATHEY: There's no physical address. It's just the
parcel ID. Vacant property.
MR. RUBENSTEIN: Where? Where is it?
MR. CATHEY: It's off Golden Gate Parkway, sixty --
MR. CARLISLE: 6800 Golden Gate Parkway. It's the lot
behind there.
MR. LETOURNEAU: Do you know where the gym is on the
Golden Gate Parkway?
MR. FUENTES: Planet Fitness?
MR. CARLISLE: Yes.
(Simultaneous crosstalk.)
MR. LETOURNEAU: Yes, right next to that.
MR. CARLISLE: -- drain field, and there's a little sliver of
land way in the back that I was using it for storage.
Can I ask just one -- since I thought it was the last
Thursday -- and she does my scheduling -- we both thought it was. I
mean, I'm not giving you a story.
June 23, 2022
Page 76
CHAIRMAN KAUFMAN: Okay. Let me --
MR. RUBENSTEIN: Do we have a current picture?
CHAIRMAN KAUFMAN: No pictures now.
MS. BUCHILLON: Helen, do you have the notice?
MR. CARLISLE: Yes, sir.
CHAIRMAN KAUFMAN: Could you read that into the
record?
MS. BUCHILLON: He was notified regular and certified mail
on May 6th, 2022, and it was also posted at the property and
courthouse -- I mean, June 8th, 2022.
MR. CARLISLE: And I saw it. I just didn't read it because I
thought it was the last Thursday of every month. I mean, I'm not
going to lie to you.
MR. BLANCO: Ryan?
MR. CATHEY: Yes.
MR. BLANCO: And you said there were two vehicles left and
the RV?
MR. CATHEY: There were two RVs and two other vehicles
this morning when I went over there.
MR. BLANCO: On the property still?
MR. CATHEY: Correct. That's the only thing remaining.
MR. BLANCO: For respondent, what are you thinking about a
time frame if you were --
MR. CARLISLE: I would have had it out by next -- if
Thursday -- a week.
MR. BLANCO: All of the vehicles --
MR. CARLISLE: Everything.
MR. BLANCO: -- the two vehicles and the two RVs, all of
them?
MR. CARLISLE: The two vehicles -- actually, I moved the RV
since he was there, and the other vehicles, they still stole the batteries
June 23, 2022
Page 77
out of it.
MR. BLANCO: Okay.
MR. CARLISLE: If you could give me one week, I'll agree to
the fines if I don't have it gone. And I could meet Ryan out there on
Wednesday. If you could give me just a week.
CHAIRMAN KAUFMAN: Okay. We have a motion on the
floor.
MR. AYASUN: Would you repeat the motion, please?
CHAIRMAN KAUFMAN: Could you repeat the motion,
John?
MR. FUENTES: My initial motion was that we go ahead and
impose the fines due to the lack of compliance for a case that's been
open for over a year.
MR. RUBENSTEIN: And I still second.
CHAIRMAN KAUFMAN: Okay.
MR. CARLISLE: Do I get brownie points for trying?
CHAIRMAN KAUFMAN: What was the question?
MR. CARLISLE: Nothing, nothing.
MR. FUENTES: I've got a question. Let me just -- is it
possible to incur an operational cost that exceeds the 59.70 to pay
today's -- as a way to set an incentive to correct the violation sooner?
MR. CARLISLE: I think we -- did we pay today's online?
MR. FUENTES: What I'm asking is, are we locked into 59.70?
Could I, for instance, say today's case we will charge $1,500, and
we'll see him next month since he says he needs a week?
MR. LETOURNEAU: I think it would be better if you gave
him a month and then remember that you wanted to give him $1,500
imposition at that point rather than doing it this way.
MR. CARLISLE: I gratefully appreciate it.
CHAIRMAN KAUFMAN: I agree, but that would require you
and the second -- and/or the second to remove your motion from the
June 23, 2022
Page 78
table.
MR. FUENTES: Okay. I'm going to remove my motion.
This is what I will say.
MR. CARLISLE: Thank you.
MR. FUENTES: If you're here next month and this violation's
not abated, I think that we can all agree that the fines should be
imposed and --
MR. CARLISLE: I will agree.
MR. FUENTES: -- when it gets rectified and you do have a
reduced cost, it's not going to be very reduced --
MR. CARLISLE: Yes, sir.
MR. FUENTES: -- at least, you know --
CHAIRMAN KAUFMAN: Let me stop. You're making a
new motion --
MR. FUENTES: Yes.
CHAIRMAN KAUFMAN: Okay -- to grant -- so I understand
this.
MR. FUENTES: A new motion to grant 30 days.
CHAIRMAN KAUFMAN: Thirty days. At that time, 30 days
from now, we will decide what we're going to do?
MR. FUENTES: Yes, sir.
CHAIRMAN KAUFMAN: Okay. You can't decide it now in
lieu of them, okay?
MR. FUENTES: The new motion would be that we will grant
you 30 days.
MR. CARLISLE: Yes, sir.
CHAIRMAN KAUFMAN: Thirty-day continuance.
MR. FUENTES: Thirty-day continuance.
MR. CARLISLE: And by next Thursday, I'll have it done. I'm
going to call Ryan.
MR. RUBENSTEIN: I'll second.
June 23, 2022
Page 79
MR. BLANCO: And I'll second.
MR. CARLISLE: Just as good faith so he can say I had it done.
CHAIRMAN KAUFMAN: Okay. So we have a motion. We
have a second to grant a 30-day continuance, okay.
MR. CARLISLE: Thank you.
CHAIRMAN KAUFMAN: Okay. This is where you get to
herding cats.
MR. RUBENSTEIN: And everything continues?
CHAIRMAN KAUFMAN: Yes, fines continue to accrue.
Now, if he has it inspected a week from today, the fines from that day
to 30 days won't accrue, that amount of money.
MR. CARLISLE: Yes, sir.
CHAIRMAN KAUFMAN: Okay. But we'll cross that bridge
next month.
MR. CARLISLE: Yes, sir.
CHAIRMAN KAUFMAN: God willing, I'll be here along with
everybody else, and then we go from there.
So all those that approve?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Against?
(No response.)
CHAIRMAN KAUFMAN: It's unanimous.
MR. CARLISLE: Guys, I really appreciate it. Thank you.
MR. LETOURNEAU: One more thing, sir, to avoid any
confusion, what's the next hearing date, Helen?
MS. RIBEIRO: That was going to be my --
June 23, 2022
Page 80
MS. BUCHILLON: July 28th.
MR. LETOURNEAU: There we are.
MR. CARLISLE: The property's supposed to close on the 15th,
so I'll have to close in all -- the monies will have to go into escrow.
So I won't even own the property when I see you next month.
CHAIRMAN KAUFMAN: Okay.
MR. CARLISLE: I guess I won't. I don't know. I don't know
how it will work out, but thank you. He's great --
CHAIRMAN KAUFMAN: I hope the people --
MR. CARLISLE: -- if you don't know that already.
CHAIRMAN KAUFMAN: We'll give him a raise.
MR. CARLISLE: Yeah, he needs one --
CHAIRMAN KAUFMAN: I hope --
MR. CARLISLE: -- for putting up with me.
CHAIRMAN KAUFMAN: I hope the people that are
purchasing this property --
MR. CARLISLE: Yes, sir.
CHAIRMAN KAUFMAN: -- are aware of this --
MR. CARLISLE: They are. It came up on title.
CHAIRMAN KAUFMAN: Okay.
MR. CARLISLE: Thank you.
CHAIRMAN KAUFMAN: Okay. Thank you.
MS. RIBEIRO: Thank you.
CHAIRMAN KAUFMAN: Ryan, thank you.
MR. CATHEY: Thank you.
MS. BUCHILLON: All right. Keep going, or are we going to
take a break?
Next case under public hearings, D, hearings, No. 4,
CESD20210005110, Osmath Diprena and DJoulie Adeka.
CHAIRMAN KAUFMAN: This is a hearing, not an
imposition.
June 23, 2022
Page 81
MS. BUCHILLON: Respondent was notified regular and
certified mail on May 23, 2022, and it was also posted at the property
and courthouse May 23, 2022.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MUSSE: I do.
CHAIRMAN KAUFMAN: State your name for the record.
MR. MUSSE: Jonathan Musse, Collier County Code
Enforcement.
CHAIRMAN KAUFMAN: Okay, Jonathan.
And notice on this for the record, Helen?
MS. BUCHILLON: Oh, I just did them before he came up.
CHAIRMAN KAUFMAN: Okay. My short-term memory
disappears.
Okay. And let the record show that the respondent is not
present.
Case presentation.
MR. MUSSE: Good morning. For the record, Investigator
Jonathan Musse, Collier County Code Enforcement.
This is in reference to Case No. CESD20210005110 in dealing
with the violations of Collier County Land Development Code,
04-41, as amended, Section 10.02.06(B)(1)(e) and
10.02.06(B)(1)(e)(i). Converted the lanai into living space without
first obtaining a valid Collier County permit. Located at 5238 Texas
Avenue, Naples, Florida, 34113. Folio No. 62257960009.
Service was given on May 18th, 2021.
This case is continued from Case No. CESD20130006042 where
the previous owner originally was cited for the conversion of the
lanai then later obtained Permit No. PRBD20130006024. I think
there might have been a clerical error, because the case numbers and
June 23, 2022
Page 82
the permit number are the same. I would have to verify in a second,
for the enclosure of the existing roofed porch, which was issued on
March 29th, 2021. The original expiration date was scheduled for
September of 2021.
I conducted a site inspection on May 18th, and the property
appeared to be unoccupied at the time.
Continued to monitor the permit, observed that the permit -- or I
observed that the contractor received the passing inspection on
September 3rd, which extended the expiration date to March of 2022.
A reinspection was conducted on October 20th, 2021, where I
observed all fees have been paid, all the inspections have been
passed. The only condition that was pending was the submittal of
the elevation certificate.
CHAIRMAN KAUFMAN: Can you drop back a second. I
think there was something out of order or a different year.
MR. MUSSE: It was -- no, I was just explaining that the
expiration date was set for March 2022 --
CHAIRMAN KAUFMAN: Okay.
MR. MUSSE: -- after the September 3rd inspection from 2021.
CHAIRMAN KAUFMAN: So March 22nd came and gone
and --
MR. MUSSE: No, March -- on September 3rd, the contractor
had a passing inspection, so each time you get a passing inspection --
CHAIRMAN KAUFMAN: Give me the years.
September 23rd, 2021?
MR. MUSSE: September 23rd, 2021.
CHAIRMAN KAUFMAN: Okay.
MR. MUSSE: And they received a passing inspection, so that
reset the permit --
CHAIRMAN KAUFMAN: Another six months.
MR. MUSSE: -- another six months, which would have been
June 23, 2022
Page 83
March of 2022.
CHAIRMAN KAUFMAN: Gotcha.
MR. MUSSE: Got it? All right.
CHAIRMAN KAUFMAN: And then now March of '22 has
come and gone.
MR. MUSSE: I'm still at October.
CHAIRMAN KAUFMAN: Oh, okay.
MR. MUSSE: All right. Reinspection was conducted on
October 20th, 2021, where I observed all fees have been paid, all the
inspections have been passed. The only condition was a
pending -- what's pending is the submittal of the elevation certificate.
I attempted to reach out to the contractor, Mr. Steven Sutter, via
email. Did not get a response.
Now we're fast forwarding to March of 2022.
CHAIRMAN KAUFMAN: Okay.
MR. MUSSE: I spoke to Mr. Sutter and informed him of the
elevation certificate that has yet to be submitted. He informed me
that he hoped the prior owner would have submitted it by now. He
requested additional time to reach out to the previous owner and see
if he would be able to submit the elevation certificate for him.
I also spoke with the current property owner, Mr. Diprena, and
informed him about the case and the possibilities that -- the
responsibility of completing the -- submitting the elevation certificate
may fall on him.
A few days later I spoke with Mr. Sutter, who informed me that
he was unable to get in contact with the prior owners, and they
haven't paid for his services to complete the elevation certificate.
On April 19th, I spoke to Mrs. Adeka, also the current property
owner. I explained the violation and suggested she get in contact
with Mr. Renald Paul, project coordinator for permitting assistance.
Plus there was a language barrier, and Mr. Paul speaks Creole, so he
June 23, 2022
Page 84
may be able to explain the permit process more clearly.
After numerous inspections, there was no change in the permit
status. I spoke with Mr. Paul to see if the property owner scheduled
a meeting with him. He informed me that he has not received any
calls from that property. At that time I prepared a case for hearing.
I conducted an inspection yesterday. Spoke to Mr. Diprena.
He said he was having issues getting in contact with Mr. Paul, but I
think he did it recently. Mr. Paul has been on vacation this week, if
I'm not mistaken, and he waited until today -- or this week to try to
reach out to Mr. Paul.
CHAIRMAN KAUFMAN: Did you tell him that you have a
case that's coming before the Board today?
MR. MUSSE: Yes. I gave him the address, told him I'll meet
him downstairs if he had any issues finding it, and give me a call.
And I gave him my number, so -- I suggested definitely he show up
for today's hearing.
CHAIRMAN KAUFMAN: Okay. He's not here?
MR. MUSSE: No.
CHAIRMAN KAUFMAN: Okay. Do you have any pictures
for us?
MR. MUSSE: Yes. At this time I'd like to present case
evidence in the following exhibits: One photo taken by Investigator
Kincaid from Case No. CESD20130006042, on April 30th, '13.
CHAIRMAN KAUFMAN: Get a motion from the Board to
accept the photo.
MR. FUENTES: Motion to accept the photo.
MR. RUBENSTEIN: Second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second to accept it. All those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
June 23, 2022
Page 85
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. MUSSE: Well, I got a couple more. A copy of the
permit of the conversion of the lanai, and also copies of the plans that
shows the work that was done. So that photo right there is the
original photo that Mr. -- Investigator Kincaid took showing the
conversion. At one point that was an open lanai. And clearly that
there was -- they'd done some work.
Next one.
MR. LETOURNEAU: Just for the record, John, so there was a
case open in 2013?
MR. MUSSE: There was -- this is -- yeah. There's been
multiple owners since 2013.
MR. LETOURNEAU: Oh, okay. So every time we had a case
open, the ownership would change, we have to open up a new case.
Eventually a permit was pulled?
MR. MUSSE: Correct.
MR. LETOURNEAU: He hasn't been able to finish it at this
point?
MR. MUSSE: Correct.
MR. LETOURNEAU: Okay. So then we want to look at the
plans here. What do you want to look at first, Jonathan?
MR. MUSSE: Let's do the plans, number one.
CHAIRMAN KAUFMAN: That looks like a wall.
MR. MUSSE: Nice wall. If you go down to the seventh and
eighth page, it shows the recent photos when that permit was
June 23, 2022
Page 86
taken -- or applied for. That's the front of the house. If you keep
scrolling down, on the side of the house --
CHAIRMAN KAUFMAN: Can you point out as you go
through the pictures what's the original house and what's been added?
MR. MUSSE: Yeah. He's got to get to it. Keep going down.
Right there.
CHAIRMAN KAUFMAN: Gotcha.
MR. MUSSE: So that right there, at one point, it was a lanai.
And then, Jeff, if you can click on the other plans, it shows the
drawings of what was added.
CHAIRMAN KAUFMAN: Oh, that's clear.
MR. MUSSE: So right here. Does this work? Test, test.
Here is where they added the bedrooms. It's really hard to read
this. Some type of room.
MR. AYASUN: Sitting room.
MR. LETOURNEAU: So, basically, everything north of that
46 feet right there is the lanai enclosure.
MR. MUSSE: So this was the original house, and then back
there was the lanai, and this is what they added.
CHAIRMAN KAUFMAN: So it's quite a large addition.
MR. MUSSE: Yes.
CHAIRMAN KAUFMAN: It's not occupied right now, or it
is?
MR. MUSSE: It is occupied.
CHAIRMAN KAUFMAN: That's a problem.
MR. RUBENSTEIN: So the lanai was removed, a concrete
block structure with a roof was added with no permit.
MR. MUSSE: Prior -- I mean, later the permit was later issued.
I would -- I will say that they did pass all the inspections. All the
necessary final inspections have been made. The only thing that
was -- that hasn't been submitted was the elevation certificate.
June 23, 2022
Page 87
CHAIRMAN KAUFMAN: Without an elevation certificate, I
don't know how you can put on an addition.
MR. MUSSE: You can't get a certificate of occupancy without
it, for sure.
CHAIRMAN KAUFMAN: Right.
MR. BLANCO: And you said they passed all inspections?
MR. MUSSE: Correct.
CHAIRMAN KAUFMAN: Almost all.
MR. MUSSE: Well, at least on what we see on our data.
CHAIRMAN KAUFMAN: Yeah. I mean, somebody could
come back and say the elevation's no good, take it all down.
MR. MUSSE: Pretty much.
CHAIRMAN KAUFMAN: So that's the point of the elevation
certificate.
MR. BLANCO: So they dropped the ball on this?
MR. MUSSE: I'm sorry?
MR. BLANCO: They dropped the ball on this?
MR. MUSSE: The previous owner did, and then,
unfortunately, the new owners possibly purchased the property as-is,
because when -- and they were eventually aware of this pending
permit. So the prior owners just didn't follow through with the
elevation certificate.
MR. BLANCO: Even if you buy the property as-is, it's going
to show up on your title.
CHAIRMAN KAUFMAN: Well, the main concern I have with
all of this is the people that are paying the taxes on that addition are
sitting out here. Those people aren't; is that correct? I know how
that works, okay.
So that's really the crux of it. And, obviously, after this
meeting, depending upon what we do with this case, somebody
probably needs to contact those folks and let them know what they're
June 23, 2022
Page 88
in for.
MR. MUSSE: Understood, yeah.
CHAIRMAN KAUFMAN: So we've covered all pictures, Jeff;
is that correct?
MR. LETOURNEAU: I think you had something else in here.
MR. MUSSE: I did have a permit.
MR. LETOURNEAU: The permit.
CHAIRMAN KAUFMAN: Well, I'm glad they pulled the
permit, but it's not complete.
MR. LETOURNEAU: Right. Just to show that this is the
permit they pulled.
CHAIRMAN KAUFMAN: And when does this permit expire?
MR. MUSSE: Technically the expiration date already passed,
but it doesn't show expiration status. It just says "inspections
completed."
CHAIRMAN KAUFMAN: So it's six months past the last
inspection.
MR. MUSSE: It is six months, but for -- I don't know -- I
should have asked the Permitting Department, if they don't expire
these permits if it's just pending an elevation certificate, because it's
listed -- it's not listed under the inspections. It's listed under
conditions.
MR. LETOURNEAU: I'm pulling the permit up right now on
CityView, if it ever populates here. So, yeah, we're past the
expiration date. I don't know if they've gotten an extension in order
to submit the elevation certificate at this point or not or, you know, a
lot of times they build the lanai, and then they convert it into living
space, and it's too low for living space.
CHAIRMAN KAUFMAN: Right.
Okay. So is your testimony complete?
MR. MUSSE: Yes, sir.
June 23, 2022
Page 89
CHAIRMAN KAUFMAN: Okay. Does anybody from the
Board want to find out if a violation exists or make a motion to that
effect?
MR. AYASUN: So moved.
CHAIRMAN KAUFMAN: We have a motion that a violation
exists. I'll second it.
All those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Do you have a suggestion for us?
MR. MUSSE: The county recommends that the Code
Enforcement Board order the respondent to pay all operational costs
in the amount of $59.28 incurred in the prosecution of this case
within 30 days and abate all violations by:
Obtaining all required Collier County building permits or
demolition permit, inspection and certificate of
completion/occupancy for the conversion of the lanai into living
space within X amount of days of this hearing, or a fine of X amount
of dollars per day will be imposed until the violation's abated.
The respondent must notify the Code Enforcement investigator
when the violation has been abated in order to conduct the final
inspection to confirm abatement. If the respondent failed to abate
the violation, the county may abate the violation using any method to
bring the violation into compliance and may use the assistance of the
June 23, 2022
Page 90
Collier County Sheriff's Office to enforce the provisions of this order,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: One quick question. The pictures
that I saw the block -- are the windows in already on that?
MR. MUSSE: I haven't been able to go back there. The
owners -- I don't know what the current status is of that, but it doesn't
appear that the windows are on there from when that photo was taken
from the permitting.
CHAIRMAN KAUFMAN: Yes. So we don't know if
that's -- I mean, if they passed all inspections, it should all be done.
MR. LETOURNEAU: I would think -- I mean, I could go back
to the permit here and see where we're at as far as -- let me see. This
will show us most of the inspections.
MR. RUBENSTEIN: Did you say earlier that people were
occupying those backrooms?
MR. MUSSE: They're occupying the home. It's a
single-family home dwelling. So there's definitely residents that live
in there. Whether or not they occupy that backroom, I don't know.
MR. RUBENSTEIN: In an unpermitted addition?
MR. MUSSE: Correct, yeah.
MR. LETOURNEAU: It does say inspections completed, so I
would assume that the windows are obviously -- everything's in there.
It just looks like the elevation certificate at this point is the issue.
CHAIRMAN KAUFMAN: Okay. Let me fill in the days on
this on your suggestion. 59.28 be paid within 30 days, $250 fine
when you exceed 30 days. So, I mean, getting an elevation
certificate, you could probably get it in a week. So it shouldn't be a
big deal to come into compliance, but I strongly suggest that they
don't avoid speaking with you and attending what they need to attend.
MR. MUSSE: Okay.
CHAIRMAN KAUFMAN: Okay. So that's my motion. Do I
June 23, 2022
Page 91
have a second?
MS. RUIZ: Second.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: I have a second. All those in
favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. MUSSE: Thank you.
MR. RUBENSTEIN: I have a question, a point of information.
CHAIRMAN KAUFMAN: Sure.
MR. RUBENSTEIN: How do we approve and allow people to
live in an unfinalized construction? There's no CO, so --
MR. FUENTES: Well, it was the addition, not the main
dwelling. The dwelling itself is a structured permitted home. It's
the addition.
CHAIRMAN KAUFMAN: What we used to do in the past is
require the homeowner to turn off the electrical and the plumbing for
that addition, not use it, and we've had it with garage conversions and
the rest of that. So that's generally to answer your question.
MR. LETOURNEAU: And I would say regarding this one that
all that has passed inspections. The electric, the plumbing, whatever
else is in this particular structure. It's just that -- and I'm just
surmising here that maybe they did get the elevation certificate and it
June 23, 2022
Page 92
didn't come up like they wanted to, and there might be an issue with
the elevation, obviously, and they won't be able to get the
permit -- certificate of occupancy until they bring up the elevation or
whatnot.
MR. RUBENSTEIN: So it's not been finaled.
MR. LETOURNEAU: It has not been finaled, but everything
has been inspected, the electric, whatever else is in there has been
inspected and passed.
MR. RUBENSTEIN: Okay.
CHAIRMAN KAUFMAN: So it's safe -- it's safe.
MR. RUBENSTEIN: Okay. That was my question.
MR. LETOURNEAU: I would say it's safe. I think the
elevation is just a sticking point. Probably, you know, there's FEMA
regulations that they have to probably look into at this point.
CHAIRMAN KAUFMAN: Okay. All right. Helen, how we
doing?
MS. BUCHILLON: We've got two more cases, and that's it.
CHAIRMAN KAUFMAN: Terri, you doing okay?
THE COURT REPORTER: (Nods head.)
MS. BUCHILLON: The next case, we're going back to old
business, under motion for imposition of fines, No. 5,
CEPM20210002299, Nina Diaz, Lucia Marrero, and Alfred Diaz, Jr.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. JOHNSON: I do.
CHAIRMAN KAUFMAN: I have one question before we
continue, is I have the sheet on this. Has there been any letter
submitted along with this?
MS. BUCHILLON: Not to my knowledge.
CHAIRMAN KAUFMAN: To your knowledge, John?
June 23, 2022
Page 93
MR. JOHNSON: No, there has been no --
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into the record for us, please.
MR. JOHNSON: Yes, sir.
Past orders: On March 24th, 2022, the Code Enforcement
Board issued a findings of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6120, Page 3339, for more information.
The violation has been abated as of June 8th, 2022.
Fines have accrued at a rate of $200 per day for the period from
April 24th, 2022, to June 7th, 2022, 45 days, for a total fine amount
of $9,000.
Previously assessed operational costs of $59.21 have been paid.
Operational costs for today's hearings are $59.28. Total amount:
$9,059.28.
The gravity of this violation is very low.
Actions taken by violator to correct: Sheds have been
demolished and all the debris has been removed.
There's no previous violations committed by the respondent, and
there's no other relevant factors.
Now, members of the Board, if I may, the respondent here is
Ms. Nina Diaz. I got a call from her during our hearing today, and
she has tested positive for COVID, and she didn't sound too good on
the phone. It was not a video call, so I couldn't see, but she was
unable to attend.
I would believe in my heart of hearts that she would have been
here to request that you deny my motion.
MR. BLANCO: Mr. Chairman, I'll make a motion, if I may, to
deny the county's request for imposition of fines.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do
June 23, 2022
Page 94
we have a second?
MS. RUIZ: Second.
CHAIRMAN KAUFMAN: We have a second. Okay. Any
discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: All those in favor?
MS. RUIZ: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. RUBENSTEIN: Nay.
MR. FUENTES: Aye.
CHAIRMAN KAUFMAN: Nay.
MR. FUENTES: Was that three?
CHAIRMAN KAUFMAN: That's 3-3, so the motion fails.
MR. FUENTES: I just -- I'm not a fan anymore of zero. Zero,
I just think that if you're in violation and you get to this point --
THE COURT REPORTER: I can't hear you.
MR. FUENTES: I just -- I'm just not a fan of zero. I feel that
if individuals have gotten to this extent where we're now -- you
know, we're imposing fines, then there should be a fine at the end.
That's just how I feel. I think that 500 would maybe be fair. That's
kind of like the bare minimum.
CHAIRMAN KAUFMAN: Let me have a comment on that. I
mean, this started -- the past order was March 24th so, actually, it
started before that, and I would think March, April, May -- it wasn't
corrected until June, so I agree with you. And I would second your
motion, if you --
MR. FUENTES: I'll make a motion to have her pay the
operational costs of --
CHAIRMAN KAUFMAN: 59.28.
June 23, 2022
Page 95
MR. FUENTES: -- 59.28 within 25 days and as well as a fine
of $500.
CHAIRMAN KAUFMAN: I second it.
Okay. All those in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Okay. One opposed. Okay.
MR. JOHNSON: Thank you.
MR. AYASUN: The last case of the day.
MS. BUCHILLON: Last case would be No. 14,
CEPM20210006609, Marta Lucy Roca Senzano.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. PEREZ: I do.
For the record, Cristina Perez, Collier County Code
Enforcement. This is in reference to Case No. CEPM20210006609.
Violations: Collier County Code of Laws and Ordinances
Chapter 22, Article VI, Section 22-231(12)9n).
Location: 4484 Rosea Court. Folio 32485880004.
Description: A dilapidated wooden porch and screened lanai
missing the screens.
Past orders: On September 23, 2021, the Code Enforcement
Board issued a findings of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
June 23, 2022
Page 96
OR6027, Page 1215, for more information.
The violation has not been abated as of June 23rd, 2022.
Fines have accrued at the rate of $150 per day for the period
from December 23rd, 2021, to June 23rd, 2022, 183 days, for a total
fine amount of $27,450. Fines continue to accrue.
Previously assessed operational costs of $59.21 have been paid.
Operational costs for today's hearing, $59.28, for a total fine amount
of $27,509.28.
CHAIRMAN KAUFMAN: You said the previously assessed
operational costs have been paid? Because it says have not on my
sheet.
MS. PEREZ: Yes, your document may have a scrivener's error
with the word "not." But the fines are correct, and I have confirmed
that the operational costs were paid on February 22nd, 2022.
MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman.
CHAIRMAN KAUFMAN: Yes.
MR. RUBENSTEIN: Since the respondent is not present or a
representative, I recommend that the fines of 27,509.28 be imposed.
CHAIRMAN KAUFMAN: Second.
MR. BLANCO: Mr. Chairman, before we proceed, did we put
the notice on record?
CHAIRMAN KAUFMAN: Yeah. Helen, your notice.
MS. BUCHILLON: Okay. Respondent was notified regular
and certified mail on June 6th, 2022, and it was also posted at the
property and courthouse June 8th, 2022.
CHAIRMAN KAUFMAN: Let the record show the respondent
is not present.
We have a motion.
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: And seconded. All those in
favor?
June 23, 2022
Page 97
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Okay.
MS. PEREZ: Thank you.
CHAIRMAN KAUFMAN: Is that the end, Helen?
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: We do have a list at the end on
respondents and cases to be --
MS. BUCHILLON: Forwarded to the attorney's office.
CHAIRMAN KAUFMAN: Do we need a motion for that?
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: I'll make a motion that we forward
these to the proper authorities.
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: And we have a second. All those
in favor?
MS. RUIZ: Aye.
MR. RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. AYASUN: Aye.
MR. BLANCO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
June 23, 2022
Page 98
MR. LETOURNEAU: Mr. Chairman?
CHAIRMAN KAUFMAN: Yes.
MR. LETOURNEAU: Before we end here today, I'd like to
take this opportunity to embarrass somebody. Jason, can you stand
up, please, and come up to that -- I'd just like to introduce one of our
new investigators here. We're going to be doing this a lot since
we're really hiring a lot of new investigators. This is Jason Packard.
This is the Board right here.
MR. PACKARD: Gentlemen, ladies, nice to meet you.
CHAIRMAN KAUFMAN: Good to meet you. They even
named a car after you.
MR. PACKARD: They did. And a computer company and
sewing machines. We have all kinds of stuff.
CHAIRMAN KAUFMAN: There you go. You'll do fine.
MR. PACKARD: I would hope so. And I'm not embarrassed,
Jeff.
CHAIRMAN KAUFMAN: When are you going to be out in
the field?
MR. PACKARD: I'm out in the field currently; just training.
CHAIRMAN KAUFMAN: Oh, okay.
MR. LETOURNEAU: Okay. Very good. And one more
thing, I'd just like to announce that Cristina Perez, this will be her last
hearing. She's got a promotion in the county, and she'll be leaving
Code Enforcement.
I'd just like to personally thank her for her many, many years of
service for Collier County Code Enforcement, and I'm sure she's
going to do a great job in her new employment.
CHAIRMAN KAUFMAN: Cristine, you've been great. We're
going to miss you.
MR. FUENTES: That used to be my supervisor, right there,
man.
June 23, 2022
Page 99
CHAIRMAN KAUFMAN: Really?
MR. FUENTES: She was a superstar, yeah. Knows her stuff.
MR. LETOURNEAU: We're definitely going to miss her.
CHAIRMAN KAUFMAN: I might as well say it on the record.
I have a problem with Board attendance, and I'm going to say it on
the record. We have a rule in our -- Patrick, are you there?
MR. WHITE: Yes, sir.
CHAIRMAN KAUFMAN: Okay. We have a rule in our rules
that says if you have two unexcused absences, you're off the Board.
We have an individual who has now three unexcused absences, and
I'd like to recommend that we appoint Tarik as a full member of the
Board to take her place.
MR. WHITE: Mr. Chairman?
CHAIRMAN KAUFMAN: Yes.
MR. WHITE: Mr. Chairman, my recommendation is you allow
me to at least consult with the County Attorney's Office and bring
back a preferred course of action to your July meeting. I'm not sure
that that rule automatically is self-actualizing, meaning that it
operates by law without any further action, and I'm not aware of what
the prior practice of this board may have been.
You all serve at the pleasure, in a sense, of the Board of County
Commissioners, and because of that, my desire, therefore, is to have a
conversation with the County Attorney's Office before kind of
advising you further. But I understand your point and believe that
action should be taken by this board or the appropriate board as soon
as possible.
CHAIRMAN KAUFMAN: I agree that action should be taken,
and if it's in our rules, I would think that we should just follow our
rules without going anywhere.
MR. WHITE: I understand. I understand. But you did not
have it on your agenda, and because of that, I also would suggest it be
June 23, 2022
Page 100
an item on your agenda next month.
MR. FUENTES: I guess some of the concerns would also be
the professionalism in conducting yourself as a professional here
during the hearing. So I don't know if conduct or behavior is
something that is taken into consideration.
CHAIRMAN KAUFMAN: The problem that we have
obviously --
MR. WHITE: Well, certainly it's at the Chair's discretion to
assure decorum -- it's at the Chair's discretion to assure and
determine, you know, decorum is followed.
CHAIRMAN KAUFMAN: The first rule is you've got to be
here, and if you're not here -- and I've reviewed the attendance
schedule, and if I'm not mistaken, this was the third
absence -- unexcused absence. We've had people -- we've had
people that have missed many meetings, but they had excused
absences. Certainly health is an important thing, but --
MR. WHITE: Understood.
CHAIRMAN KAUFMAN: Okay. You do what you have to
do. I made -- I made this part of our record.
MR. WHITE: My point isn't -- my point isn't about so much
whether the rule has been met and should be followed. It's more to
do with how you take an alternate and have them become a full
member, and I just would like a chance to have a conversation about
those things to make sure that anything I advise you isn't going to be
inconsistent with prior practice.
CHAIRMAN KAUFMAN: Okay. We got your two cents,
Patrick. Now we'll see where we go.
MR. WHITE: That's what it's worth.
CHAIRMAN KAUFMAN: Cristina, you're probably aware of
what we've done in the past on this from the administrative side of
the house? And?
June 23, 2022
Page 101
MS. DAVIDSON: For the record, Colleen Davidson,
operations manager for Code Enforcement.
Recently, not too long ago, we had the same issue. I worked
with the County Attorney's Office. What would be needed is we
will send a letter, certified letter, to the individual, and we will also
follow it up with a personal delivery, and then once that has
commenced and the time frame is over, we will then post the
vacancy, and then anyone could apply for it, and we go through that
process.
CHAIRMAN KAUFMAN: Okay. Great. Thank you,
Colleen. Appreciate it.
MS. DAVIDSON: So I'll work with the County Attorney's
Office and Mr. White.
CHAIRMAN KAUFMAN: Okay. Thank you, Mr. White.
Are we going to see you next month?
MR. WHITE: Absolutely, and every month thereafter.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: I have a question. Would you be
posting a notice for a vacancy for an alternate, and his decision to put
Tarik from an alternate to a full member today take place?
MS. DAVIDSON: No. What would happen is we would first
go through the steps legally that are required to vacate that position,
then we would -- the position that's vacated, we would put it out for
anyone to apply. It would not be a --
CHAIRMAN KAUFMAN: Automatic.
MS. DAVIDSON: Correct. It would not be automatic, and it
would not be for the alternate position. It would be for a full voting
member position.
CHAIRMAN KAUFMAN: That's how I became a board
member.
MR. BLANCO: Colleen -- correct me if I'm wrong,
June 23, 2022
Page 102
Mr. Chairman. It is my understanding that that has to be on the
advice and consent of the County Commissioners board; that we
don't have jurisdiction to appoint board members.
MS. DAVIDSON: Correct. That's why it would need to go
out, and then he could apply -- anyone could apply for it. We would
receive applications, we would make our decision, then there would
be an executive summary submitted to the Board of County
Commissioners at a later date, and then it would be approved on the
consent agenda.
CHAIRMAN KAUFMAN: Okay. Having said all of that, we
are adjourned.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:00 p.m.
June 23, 2022
CODE ENFORCEMENT BOARD
R BER AN, CHAIRMAN
These minutes approved by the Board on ly �8 o2a02 , as
presented X or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.
Page 103